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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SENATE BILL 1255 |
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AN ACT
amending sections 33-1377 and 33-1378, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1377, Arizona Revised Statutes, is amended to read:
33-1377. Special detainer actions; service; trial postponement
A. Special detainer actions shall be instituted for remedies prescribed in section sections 33‑1368 and 33-1378. Except as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8, article 4 apply to special detainer actions.
B. The summons shall be issued on the day the complaint is filed and shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named, which shall be not more than six nor less than three days from the date of the summons. The tenant or tenant's guest is deemed to have received the summons three days after the summons is mailed if personal service is attempted and within one day of issuance of the summons a copy of the summons is conspicuously posted on the main entrance of the tenant's residence and on the same day the summons is sent by certified mail, return receipt requested, to the tenant's or tenant's guest's last known address. The summons in a special detainer action shall be served at least two days before the return day and the return day made on the day assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the tenant or tenant's guest in person for the purposes of awarding a money judgment for all rent, damages, costs and attorney fees due.
C. For good cause shown supported by an affidavit, the trial may be postponed for not more than three days in a justice court or five days in the superior court.
D. In addition to determining the right to actual possession, the court may assess damages, attorney fees and costs as prescribed by law.
E. If a complaint is filed alleging a material and irreparable breach pursuant to section 33‑1368, subsection A or alleging that a guest knowingly remains on the premises without permission as prescribed by section 33-1378, the summons shall be issued as provided in subsection B of this section, except that the trial date and return date shall be set no not later than the third day following the filing of the complaint. If after the hearing the court finds by a preponderance of the evidence that the material and irreparable breach did occur, the court shall order restitution in favor of the plaintiff not less than twelve nor more than twenty‑four hours later.
F. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for late charges stated in the rental agreement, for costs and, at the plaintiff's option, for all rent found to be due and unpaid through the periodic rental period provided for in the rental agreement as described in section 33‑1314, subsection C and shall grant a writ of restitution.
G. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, a writ of restitution shall issue in favor of the defendant.
Sec. 2. Section 33-1378, Arizona Revised Statutes, is amended to read:
33-1378. Removal of guest; special detainer action
A. A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy.
b. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises. In addition to the remedy prescribed in this subsection, a landlord may file a special detainer action pursuant to section 33-1377, subsection E for the expedited removal of the guest.