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REFERENCE TITLE: landlord tenant; housing assistance; waiver. |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1570 |
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Introduced by Senators Terán: Alston, Gabaldón, Mendez; Representative Salman
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An Act
amending sections 33-1310 and 33-1371, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1310, Arizona Revised Statutes, is amended to read:
33-1310. Definitions
Subject to additional definitions contained in subsequent articles of this chapter that apply to specific articles of this chapter, and In this chapter, unless the context otherwise requires, in this chapter:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession.
2. "Building and housing codes" includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
3. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating the premises.
4. "Dwelling unit":
(a) Means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. Dwelling unit
(b) Does not include real property used to accommodate a mobile home, unless the mobile home is rented or leased by the landlord.
5. "Good faith" means honesty in fact in the conduct or transaction concerned.
6. "Housing assistance payment":
(a) Means any payment made to the landlord by a government agency, a public housing authority or any third party on behalf of a government agency, a public housing authority or any for-profit entity pursuant to a separate written rental assistance or subsidy contract between the landlord and the government agency, public housing authority or third party on behalf of a government agency, public housing authority or for-profit entity. Housing assistance payment does not include
(b) Includes any payment made by a faith-based organization, a community action agency program or a nonprofit entity.
7. "Landlord" means both:
(a) The owner, lessor or sublessor of the dwelling unit or the building of which it is a part. , and it also means
(b) A manager of the premises who fails to disclose as required by section 33-1322.
8. "Organization" includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity that is a landlord, owner, manager or constructive agent pursuant to section 33-1322.
9. "Owner":
(a) Means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term
(b) Includes a mortgagee in possession.
10. "Person" means an individual or organization.
11. "Premises" means a dwelling unit and the structure of which it is a part and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant.
12. "Rent" means payments to be made to the landlord in full consideration for the rented premises.
13. "Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.
14. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink.
15. "Security":
(a) Means money or property given to assure payment or performance under a rental agreement. Security
(b) Does not include a reasonable charge for redecorating or cleaning.
16. "Single family residence" means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and does not share heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit.
17. "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
18. "Term of lease" means the initial term or any renewal or extension of the written rental agreement currently in effect, not including any wrongful holdover period.
Sec. 2. Section 33-1371, Arizona Revised Statutes, is amended to read:
33-1371. Acceptance of partial payments; waiver of right to terminate; exception
A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of continuing the tenancy. The written agreement shall contain a date on which the balance of the rent is due. The landlord may proceed as provided in this article and in title 12, chapter 8 against a tenant in breach of this agreement or any other breach of the original rental agreement. If the landlord has provided the tenant with a notice of failure to pay rent as specified in section 33-1368, subsection B before the completion of completing the agreement for partial payment, no additional notice under section 33-1368, subsection B is required in case of a breach of the partial payment agreement.
B. For the purposes of this section, a landlord's acceptance of a housing assistance payment does not constitute constitutes an acceptance of a partial payment of rent or and a waiver of a landlord's right to terminate the rental agreement for any breach of the rental agreement by the tenant for failure to pay rent for the rental period covered by the partial payment.
C. Except as specified in subsections subsection A and B of this section, acceptance of accepting rent, or any portion of rent, with knowledge of a default by the tenant or acceptance of accepting performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.