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REFERENCE TITLE: tenant early termination; servicemembers |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2673 |
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Introduced by Representatives Travers: Carter, De Los Santos, Hernandez A, Longdon, Mathis, Payne, Sun
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An Act
amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1318.02; 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. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1318.02, to read:
33-1318.02. Early lease termination for servicemember tenants; requirements; limitation; definition
A. A servicemember tenant MAY TERMINATE A RENTAL AGREEMENT OF ONE YEAR OR LESS PURSUANT TO THIS SECTION IF ALL OF THE FOLLOWING OCCUR:
1. the servicemember tenant RECEIVES MILITARY ORDERS REQUIRING THE servicemember tenant TO VACATE CIVILIAN HOUSING AND MOVE INTO ON-POST GOVERNMENT QUARTERS IF THE FAILURE TO DO SO WILL RESULT IN THE FORFEITURE OF BASIC ALLOWANCE FOR HOUSING.
2. THE servicemember tenant REQUESTS PERMISSION FROM the servicemember tenant's COMMANDING OFFICER TO MAINTAIN the servicemember tenant's HOUSING ALLOWANCE AND IS DENIED.
3. THE servicemember tenant SUBMITS A WRITTEN NOTICE OF INTENT TO VACATE THIRTY DAYS OR MORE BEFORE VACATING THE PREMISES.
4. the servicemember tenant submits written proof that the commanding officer denied the request to maintain the housing allowance and submits one of the following:
(a) A COPY OF the servicemember tenant's OFFICIAL MILITARY ORDERS.
(b) WRITTEN VERIFICATION FROM THE servicemember tenant'S COMMANDING OFFICER.
B. A servicemember tenant MAY TERMINATE A MONTH-TO-MONTH RENTAL AGREEMENT PURSUANT TO THIS SECTION IF ALL OF THE FOLLOWING OCCUR:
1. the servicemember tenant RECEIVES MILITARY ORDERS REQUIRING THE servicemember tenant TO VACATE CIVILIAN HOUSING AND MOVE INTO ON-POST GOVERNMENT QUARTERS IF THE FAILURE TO DO SO WILL RESULT IN THE FORFEITURE OF BASIC ALLOWANCE FOR HOUSING.
2. THE servicemember tenant REQUESTS PERMISSION FROM THE SERVICEMEMBER TENANT'S COMMANDING OFFICER TO MAINTAIN THE SERVICEMEMBER TENANT'S HOUSING ALLOWANCE AND IS DENIED.
3. THE servicemember tenant SUBMITS A WRITTEN NOTICE OF INTENT TO VACATE FIFTEEN DAYS OR MORE BEFORE VACATING THE PREMISES.
4. the servicemember tenant submits written proof that the commanding officer denied the request to maintain the housing allowance and submits one of the following:
(a) A COPY OF the servicemember tenant's OFFICIAL MILITARY ORDERS.
(b) WRITTEN VERIFICATION FROM THE servicemember tenant'S COMMANDING OFFICER.
C. If a servicemember tenant passes away during active duty, an adult family member OR THE personal representative OF THE SERVICEMEMBER TENANT'S ESTATE MAY TERMINATE A RENTAL AGREEMENT OF ONE YEAR OR LESS or a month-to-month agreement PURSUANT TO THIS SECTION IF THE ADULT FAMILY member OR PERSONAL REPRESENTATIVE PROVIDES THE FOLLOWING:
1. the servicemember tenant'S MILITARY ORDERS OR WRITTEN VERIFICATION FROM THE SERVICEMEMBER TENANT'S COMMANDING OFFICER that shows THE SERVICEMEMBER TENANT WAS ON ACTIVE DUTY.
2. the servicemember tenant'S DEATH CERTIFICATE.
d. IF THE SERVICEMEMBER TENANT IS NOT THE SOLE TENANT TO A RENTAL AGREEMENT, THE LANDLORD may NOT TERMINATE THE AGREEMENT IF THE remaining TENANT DEMONSTRATEs THE ABILITY AND WILLINGNESS TO PAY THE rent. iF THE remaining TENANT DOes NOT DEMONSTRATE THE ABILITY OR WILLINGNESS TO PAY THE rent, THE LANDLORD MAY PROVIDE at least A THIRTY-DAY TERMINATION NOTICE TO THE remaining TENANT. IF THE remaining TENANT VACATEs THE DWELLING WITHIN THE time period provided IN THE TERMINATION NOTICE, THE remaining tenant is not liable for FUTURE RENT OR OBLIGATIONS AND does NOT INCUR ANY EARLY TERMINATION PENALTIES OR FEES. THE LANDLORD SHALL APPLY OR REFUND THE TENANT'S PRORATED SECURITY DEPOSITS AND ANY PREPAID RENT AS prescribed IN SECTION 33-1321.
E. IF THE REQUIREMENTS OF SUBSECTION a, B OR c OF THIS SECTION are met, THE servicemember tenant'S RIGHTS AND OBLIGATIONS UNDER THE RENTAL AGREEMENT ARE TERMINATED AND THE TENANT, the family member OR THE PERSONAL REPRESENTATIVE, as applicable, SHALL VACATE THE DWELLING AND is not LIABLe FOR FUTURE RENT AND does NOT INCUR EARLY TERMINATION PENALTIES OR FEES. THE LANDLORD SHALL APPLY OR REFUND THE SERVICEMEMBER TENANT'S PRORATED SECURITY DEPOSITS AND ANY PREPAID RENT AS prescribed IN SECTION 33-1321.
f. subsECTIONs A AND b of this section do not NOT APPLY IF THE servicemember tenant's ORDERS ARE A RESULT OF DISCIPLINARY ACTION OR A COURT ORDER.
g. this section does not eliminate or reduce the servicemember tenant's liability for unpaid rent or other unpaid amounts owed to the landlord before the date the rental agreement is terminated pursuant to this section.
h. this section does not limit the protections afforded to servicemember tenants under the servicemembers civil relief act (p.L. 108-189; 117 stat. 2835; 50 united states code chapter 50).
I. For the purposes of the section, "servicemember tenant" means an active duty member of the REGULAR or reserve component of the United States Armed forces, the United States coast guard or the Arizona national guard who is ordered to federal duty for a period of ninety days or more and who maintains a rental agreement governed by this chapter.
Sec. 2. Applicability
Section 33-1318.02, Arizona Revised Statutes, as added by this act, applies to servicemember tenant terminations that occur on or after the effective date of this act.