ARIZONA
HOUSE OF REPRESENTATIVES
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SB 1376: landlord tenant act; personal property |
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PRIME SPONSOR: Senator Griffin, LD 14 BILL STATUS: Caucus & COW |
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Relating to the requirements for a landlord to hold the
tenant's personal property.
Provisions
1. Revises the process and timeframe (14 days rather than 21 days) for holding the tenant's personal property after issuance of the writ of restitution or execution when a tenant fails to comply with the rental agreement. (Sec. 1)
2. Stipulates that the infractions listed in statute that establish a tenant's material and irreparable breach of a lease is not a comprehensive list. (Sec. 1)
3. Instructs the landlord to comply with laws for abandonment of a rental unit regarding the tenant's personal property, the day after issuance of the writ of restitution or execution. (Sec. 1)
4. Maintains the present obligation of the landlord, after retaking possession of the rental unit, to inventory the abandoned property, then notify the tenant of location and storage costs. (Sec. 2)
5. Relieves the landlord of a duty to store the tenant's perishable items, plants and animals. (Sec. 2)
6. Authorizes the landlord to remove or dispose of the perishable, contaminated items or anything considered a biohazard or health/safety risk. (Sec. 2)
7. Allows the landlord to use discretion in removing the tenant's abandoned animals as follows:
a. Immediately place them in a shelter or boarding facility, keeping records of the facility name and location.
b. Provide for their reasonable care for 14 days.
c. Notify the county enforcement agent or animal control officer of the presence of the abandoned animals to be seized. (Sec. 2)
8. Absolves the landlord of liability for any actions taken in good faith related to the removal, release, seizure or care of the abandoned animals. (Sec. 2)
9. Requires a landlord to hold a tenant's property for 14 days (now 10) after abandonment. (Sec. 2)
10. Permits a landlord to donate the tenant's personal property to a nonprofit charitable organization in addition to the current law allowing the landlord to sell the property. (Sec. 2)
11. Awards the tax benefits to the tenant for donations to the charitable nonprofit and absolves the landlord of any liability for loss to the tenant or any third party resulting from the move, storage or donation of personal property that was left in a dwelling unit. (Sec. 2)
12. Authorizes the landlord to remove and dispose of property left in a unit after the tenant returns the keys to the landlord and clears the landlord of liability to the tenant or third party. (Sec. 2)
13. Makes technical and conforming changes. (Sec. 1, 2)
Current Law
Statute requires a landlord to hold a tenant's personal property for 21 days after issuance of a writ of restitution or execution. The landlord must use reasonable care moving and storing the property, which may be kept in an unoccupied unit owned by the landlord, the tenant's former residence or off-site. The landlord may change the locks on the tenant's former unit and must catalog the tenant's property. Further, the landlord must promptly notify the tenant (last known address) of the location and cost of storage through certified mail, return receipt requested. Upon retrieving the property, the tenant must pay the landlord for cost to remove the property and pay for the time it was stored. (A.R.S. § 33-1368)
In cases of abandonment, if the tenant does not make a reasonable effort to retrieve the personal property, the landlord must hold the tenant's property for 10 days and may proceed as outlined in statute. The landlord may sell the property, retain the proceeds and deduct from the proceeds, any outstanding rent or costs associated with the unit. Excess proceeds are then mailed to the tenant's last known address. (A.R.S. § 33-1370)
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Fifty-third Legislature SB 1376
Second Regular Session Version 2: Caucus & COW
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