Assigned to COMPS AS
PASSED BY COW
Assigned to COMPS AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
landlord tenant act; personal property
Purpose
Shortens, from 21 days to 14 days, the length of time a landlord must hold a tenant's property after taking over the rental unit for abandonment or noncompliance with a rental agreement. Modifies a landlord's responsibilities relating to the holding and disposal of a tenant's personal property.
Background
The Landlord Tenant Act (Act) regulates landlord-tenant relationships and is the statutory system that governs most persons who reside in rental housing in this state (A.R.S. § 33-1301). The Act establishes: 1) landlord obligations, including restrictions on security deposits, methods for providing notices to tenants and prohibited provisions in rental agreements; 2) tenant obligations regarding rent, compliance with rules and liability for guests; and 3) remedies for noncompliance by either the landlord or the tenant (A.R.S. § 33-1322).
Under the Act, a special detainer action can be filed to remedy a tenant's noncompliance with the rental agreement. If the defendant is found guilty, the court will order a writ of restitution or execution and award damages, attorney fees and court costs to the plaintiff. Once a writ of restitution or execution is executed and the landlord notifies the tenant with certain conditions, the landlord must hold the tenant's personal property in the same unit, a different empty unit or an off‑site location for a period of 21 days. The landlord must use reasonable care in moving and holding the tenant's property. To reclaim the property, the tenant must pay the landlord for the cost of removal and storage for the time it is held by the landlord (A.R.S. § 33-1368). Statute outlines similar requirements for treatment of personal property by a landlord when a tenant abandons a rental unit (A.R.S. § 33-1370).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Storage and Disposal of Personal Property
1. Shortens, from 21 days to 14 days, the length of time a landlord must hold a tenant's personal property after a landlord retakes possession of a dwelling unit for abandonment or noncompliance with a rental agreement.
2. Specifies that a landlord is not required to store a tenant's perishable items, plants or animals.
3. Permits a landlord to dispose of perishable items and plants, as appropriate, and any personal property in the unit that is contaminated, may be considered a biohazard or that poses a health and safety risk.
4. Allows a landlord to remove or release to a shelter or boarding facility a tenant's abandoned animals at the landlord's discretion.
5. Requires a landlord to keep a record of the name and location of the shelter or boarding facility to which an animal is released.
6. Requires a landlord to:
a) provide reasonable care for abandoned animals for 14 days if the landlord does not immediately remove and release the animals to a shelter or boarding facility; or
b) notify a county enforcement agent or an animal control officer of the presence of the abandoned animals if the landlord is unable or unwilling to provide reasonable care for the animals.
Liability
7. Permits a landlord to immediately remove and dispose of personal property without liability to the tenant or a third party upon receipt of the keys to the unit, unless the landlord and tenant have agreed to some other treatment of the property in writing.
8. Holds a landlord harmless against any actions taken in good faith related to the removal, release, seizure or care of abandoned animals.
9. Holds a landlord who complies with this section harmless against any loss to the tenant or any third party that results from moving, storing or donating any personal property left in the unit.
10. Permits a tenant to recover possession of abandoned personal property or damages in an amount determined by a court if the landlord has destroyed or disposed of the possessions before the specified holding period.
Donation and Tax Benefits
11. Allows a landlord to donate the tenant's personal property to a qualifying charitable organization or otherwise recognized charity.
12. Stipulates that any tax benefit associated with the donation of the tenant's personal property belongs to the tenant.
Miscellaneous
13. Specifies that the list of actions that constitute a material and irreparable breach of a tenant's lease is not exhaustive.
14. Removes language permitting a landlord to change the locks on a tenant's former dwelling unit if it is used to store the tenant's property.
15. Requires a landlord to prepare an inventory of a tenant's abandoned property and promptly notify the tenant of the cost of storage.
16. Repeals provision permitting a landlord to make an agreement with the tenant to hold the property for longer than the specified period.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Makes changes to the list of actions that constitute a material breach of a tenant's lease.
2. Modifies holding requirements for abandoned animals.
3. Makes a technical correction.
Amendments Adopted by Committee of the Whole
1. Conforms holding, storage and disposal requirements for a landlord who retakes possession of a rental unit for noncompliance with a rental agreement with holding, storage and disposal requirements for a landlord who retakes possession of a rental unit for abandonment.
2. Restores requirements relating to reporting and damages for noncompliance with a rental agreement and establishes the same requirements for abandoned rental units.
Senate Action
COMPS 2/5/18 DPA 5-2-1
Prepared by Senate Research
February 20, 2018
GH/VR/lb