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REFERENCE TITLE: water conservation; landscaping; rent; notice |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1544 |
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Introduced by Senators Mendez: Dalessandro, Quezada; Representative Salman
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AN ACT
amending sections 33-439, 33-1314 and 33-1816, Arizona Revised Statutes; relating to real property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-439, Arizona Revised Statutes, is amended to read:
33-439. Restrictions on installation or use of solar energy or water saving devices or practices invalid; exception
A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property which that effectively prohibits the installation or use of a solar energy device as defined in section 44‑1761 any of the following is void and unenforceable:.
1. A solar energy device as defined in section 44-1761.
2. A water saving device or indoor or outdoor water conservation practice.
B. A deed, contract, security agreement or other instrument affecting the transfer or sale of, or any interest in, real property entered into before April 17, 1980 shall not be subject to the provisions of this section.
Sec. 2. Section 33-1314, Arizona Revised Statutes, is amended to read:
33-1314. Terms and conditions of rental agreement
A. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.
B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.
C. Rent shall be payable without demand or notice at the time and place agreed upon on by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day‑to‑day.
D. Unless the rental agreement fixes a definite term, the tenancy shall be week‑to‑week in case of a roomer who pays weekly rent, and in all other cases month‑to‑month.
E. If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days' written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon on which the new tax is effective. In order for a landlord to adjust rent pursuant to this subsection, the landlord's right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement.
F. Notwithstanding section 14‑3911, the landlord may request and the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant's dwelling unit to retrieve and store the tenant's property if the tenant dies. If the landlord is unable to contact the authorized person at the address and telephone number provided to the landlord by the tenant or the authorized person fails to respond to the landlord's request within ten days of after initial written contact, the landlord may dispose of the property as prescribed in section 33‑1370. Before removing any of the tenant's personal property, the authorized person shall present to the landlord a valid government issued identification that confirms the identity of the authorized person. The authorized person shall have twenty days from after the date of initial written contact by the landlord or the last date for which rent is paid, whichever is longer, to remove items from the rental property and return keys to the landlord during regular business hours. If the landlord allows an authorized person to enter the property to remove the tenant's personal possessions as prescribed by this subsection, the landlord has no further liability to the tenant, the tenant's estate or the tenant's heirs for lost, damaged or stolen items. If the tenant's personal property is not entirely removed from the rental unit by an authorized person, the landlord may dispose of the property as prescribed in section 33‑1370. This subsection shall applies only apply if the periodic rent is unpaid and outstanding for at least five days.
G. Before a tenant's lease terminates, the tenant's landlord shall provide written notice to the tenant that includes the amount that the tenant's rent will increase as follows:
1. At least thirty days before the tenant's lease terminates if the tenant's rent will increase ten percent or less. If the term of the tenant's lease is less than thirty days, the landlord shall notify the tenant of the prospective rent increase and the rent increase may not become effective for thirty days after the date of the written notice.
2. At least sixty days before the tenant's lease terminates if the tenant's rent will increase more than ten percent. If the term of the tenant's lease is less than sixty days, the landlord shall notify the tenant of the prospective rent increase and the rent increase may not become effective for sixty days after the date of the written notice.
Sec. 3. Section 33-1816, Arizona Revised Statutes, is amended to read:
33-1816. Solar energy or water saving devices or practices; reasonable restrictions; fees and costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of any of the following:
1. A solar energy device as defined in section 44‑1761.
2. A water saving device or indoor or outdoor water conservation practice.
B. An association may adopt reasonable rules regarding the placement of a solar energy device or water saving device or the use of a water conservation practice if those rules do not prevent the installation of the device, impair the functioning of the device or practice, or restrict its the use of the device or practice or adversely affect the cost or efficiency of the device or practice.
C. Notwithstanding any provision of the community documents: ,
1. The court shall award reasonable attorney fees and costs to any party who substantially prevails in an action against the board of directors of the association for a violation of this section.
2. An association shall provide written notice to members of any rules adopted pursuant to subsection B of this section.