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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
Senate: JUD DP 6-1-1-0 | 3rd Read 16-14-0-0House: JUD DP 10-0-0-0 |
SB 1322: eviction proceedings; virtual appearances
Sponsor: Senator Petersen, LD 12
Caucus & COW
Overview
Requires a court to allow remote participation at an initial appearance in special detainer or forcible detainer proceedings.
History
In counties with a population over 2,000,000 people, a justice of the peace has original jurisdiction over special detainers and forcible detainers if the amount of rent requested is no more than $10,000 (A.R.S. § 22-201).
A forcible detainer occurs if a tenant whose tenancy has been terminated remains in possession after receiving a written demand of possession from the landlord. A forcible detainer can also occur if, following a forcible entry and five days of written notice, the person who made the forcible entry refuses to return possession of the property (A.R.S. § 12-1173). Forcible detainer proceedings may also arise after property has been sold, forfeited or foreclosed upon after the transfer of a title (A.R.S. § 12-1173.01).
A special detainer follows a similar process as a forcible detainer, and occurs if: 1) a rental agreement is terminated or not renewed by the landlord; 2) the tenant fails to comply with the rental agreement; or 3) there is failure to pay rent (A.R.S. § 33-1377). Similar statute creates special detainer action for mobile home parks (A.R.S. § 33-1485).
Provisions
1.
Permits any party, including an attorney
or witness, to a special detainer or forcible detainer proceeding to
participate remotely through either a telephone or video conference connection
at an initial appearance if written notice is provided to the court. (Sec. 1)
2. Allows the court to require in-person attendance at subsequent hearings in a contested matter. (Sec. 1)
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6. SB 1322
7. Initials LC/AF Page 0 Caucus & COW
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