ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2507: landlords; deceased tenant; pets

Sponsor: Representative Bolick, LD 20

Committee on Commerce

Overview

Requires a landlord to request contact information of an authorized person who may enter a unit and retrieve a deceased tenant's pet.

History

The landlord may request that the tenant provide the name and contact information of a person authorized to enter, retrieve and store the tenant’s property in the event of the tenant’s death. The landlord may dispose of the property if the landlord is unable to contact the person or if the person fails to respond to the landlord's request within 10 days after the initial written contact. The person has 20 days after the date of the initial written contact to remove the property from the unit. If the property is not entirely removed, the landlord may dispose of the property as prescribed by law (A.R.S. § 33-1314).

If the unit is deemed abandoned, the landlord must mail a notice of abandonment to the tenant's last known address and post a notice of abandonment on the unit's door for 5 days. The landlord may retake possession of the unit after the fifth day. After the landlord retakes possession, the landlord may store the tenant's personal possessions in the until, however the landlord is not required to store perishable items, plants or animals on behalf of the tenant. The landlord, at their discretion, may immediately remove and release abandoned animals to a shelter or boarding facility upon taking possession of an abandoned unit (A.R.S. § 33-1370).

Abandonment means either the absence of the tenant without notice for seven days or if rent is outstanding and unpaid for ten days and there is no evidence of occupancy for five days, or if the rent is outstanding and unpaid for five days and none of the tenants personal property remains (A.R.S. § 33-1370).

Provisions

1. Requires the landlord to request, from a tenant with a pet, the name and contact information of a person who is authorized to enter the unit and retrieve the pet in the event of the tenant’s death. (Sec. 1)

2. Allows the landlord, if the authorized person fails to respond within ten days after the initial written contact, to deem the pet abandoned and remove the pet to an animal shelter or boarding facility. (Sec. 1)

3. Clarifies the authorized person must present to the landlord a valid identification prior to removing the deceased tenant's pet. (Sec. 1)

4. Specifies the requirements for providing contact information for an authorized person to enter and retrieve the tenant's property and the tenant's pet applies only:

a) With regards to the personal property, if the periodic rent is unpaid and outstanding for at least five days; and

b) With regards to the pet, if the tenant is deceased. (Sec. 1)

5. Specifies the landlord may remove and release the tenant's pet to a shelter or boarding facility after notifying the authorized person to retrieve the pet and no retrieval occurs, rather than at the landlord's discretion. (Sec. 2)

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

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10. HB 2507

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