State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2454: sexual assault; rental agreement termination

PRIME SPONSOR: Representative Hernandez, LD 2

BILL STATUS: House Engrossed

               

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the termination of rental agreements.

Provisions

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

a.       The assault must have occurred in the dwelling, within the 30-day period immediately preceding a written notice of termination.

b.       The landlord may not withhold the security deposit.

c.        The tenant may require the landlord to install a new lock.

d.       If the tenant is convicted of falsely filing a departmental report or order of protection, he or she is liable to the landlord for treble damages for premature termination of the lease.

e.       A person named in an order of protection or a departmental report for early lease termination may be civilly liable for all economic losses incurred by a landlord.

f.         Multiple tenants may be released from any financial obligations that are due.

g.       This does not limit a landlord's right to terminate a lease against the victim for actions unrelated to sexual assault. (Sec. 1)

2.       Makes technical and conforming changes. (Sec. 1)

Current Law

A.R.S. § 33-1318 outlines early tenant termination for domestic violence. The tenant's rights and obligations are terminated under the rental agreement. The tenant must vacate the dwelling to avoid liability for future rent and will not incur early termination penalties or fees, if the tenant provides the landlord with a written notice requesting release from the rental agreement with a mutually agreed on release date and either:

·         A copy of any protective order, or

·         A copy of a written law enforcement report.

The circumstances that resulted in the tenant being a victim of domestic violence must have occurred within the 30-day period immediately preceding the written notice of termination.

The person named in an order of protection or a departmental report may be civilly liable for all economic losses incurred by a landlord for the domestic violence early lease termination.

A landlord has the right to terminate a lease against a victim for actions unrelated to the act of domestic violence (A.R.S. § 33-1368).

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

 

 

 

 

---------- DOCUMENT FOOTER ---------

Fifty-third Legislature                  HB 2454

Second Regular Session                               Version 3: House Engrossed

 

---------- DOCUMENT FOOTER ---------