State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2263: landlord tenant; security deposits

PRIME SPONSOR: Representative Toma, LD 22

BILL STATUS: Chaptered

               

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to tenant security deposits that are refunded by the landlord.

Provisions

1.       Expands the current lease termination option for victims of domestic violence to include a person who is a victim of sexual assault. (Sec. 1)

2.       Stipulates that if the tenant does not dispute the landlord's deductions made from the tenant's security deposit within 60 days after the security deposit is mailed, the amount is final and any further claims are waived. (Sec. 2)

3.       Makes technical changes. (Sec. 1, 2)

Current Law

A.R.S. § 33-1318 outlines the rights, responsibilities and obligations for victims of domestic violence regarding the termination of a rental agreement.  The tenant must vacate the dwelling to avoid any future rent and will not incur early termination fees or penalties by providing the landlord with a written notice requesting release from the rental agreement and either a copy of a protective order, or a copy of a written law enforcement report.  A tenant who wrongfully terminates a lease and is subsequently convicted of falsely filing a departmental report or order of protection for domestic violence is liable to the landlord for treble damages for premature termination of the lease. 

A.R.S. § 13-3601 defines domestic violence and A.R.S. § 13-1406 defines sexual assault.

A landlord cannot require a tenant to pay more than one and one-half month's rent for security deposits. The purpose of all nonrefundable deposits must be stated in writing by the landlord and are refundable if not otherwise noted. Any refundable security deposits may be applied to the payment of rent and all charges specified in the signed lease agreement. Upon request, the tenant will be notified when the move-out inspection will occur and may be present. After the tenant's move out date, the landlord has 14 days to itemize the deductions and deliver to the tenant, together with the amount due, any security deposits. (A.R.S. § 33-1321)

 

 

 

 

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Fifty-third Legislature                  HB 2263

Second Regular Session                               Version 5: Chaptered

 

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