|
REFERENCE TITLE: transient occupants; property; removal |
|
State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
|
|
SB 1129 |
|
|
|
Introduced by Senators Rogers: Farnsworth, Kavanagh, Kern, Shope, Wadsack; Representative Gillette
|
An Act
amending title 12, chapter 8, article 4, Arizona Revised Statutes, by adding section 12-1173.02; relating to forcible entry and detainer actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 12-1173.02, to read:
12-1173.02. Remedy for unlawful possession by transient occupant; affidavit; exception; definition
A. A transient occupant of a RESIDENTIAL dwelling is an unlawful occupant of the property after receiving a written direction to leave the premises from the person who is entitled to possession of the property. If the transient occupant fails to leave the premises after RECEIVING written direction, The transient occupant is subject to removal by a law enforcement officer as prescribed by subsection B of this section or by an order of a court in a forcible detainer action pursuant to this article.
B. a person who is entitled to possession of the property that is occupied by a TRANSIENT occupant may submit a sworn affidavit to a law enforcement officer that states the following:
1. The transient occupant has been directed to leave the premises by a written demand provided to the transient occupant on (date).
2. The transient occupant unlawfully continues to occupy the premises.
3. The transient occupant:
(a) Does not pay rent for the premises.
(b) Does not have an OWNERSHIP interest, FINANCIAL interest or lease INTEREST in the property.
(c) Did not have any prior right to occupy the property.
C. On receipt of the sworn AFFIDAVIT that states the factors prescribed by subsection B of this section, the law enforcement officer may direct the TRANSIENT occupant to surrender possession of the residential PROPERTY.
D. A person who fails or refuses to surrender possession of the property as directed by a law enforcement officer pursuant to this section is committing trespass.
E. A person who is wrongfully removed from a premises may file an action and recover damages for forcible entry and detainer against the person who claims the right to POSSESSION of the property.
F. For the purposes of this section, "transient occupant":
1. means a person who occupies a residential property and who meets all of the following requirements:
(a) Does not pay rent for the premises.
(b) Does not have an OWNERSHIP interest, FINANCIAL interest or lease INTEREST in the property.
(c) Did not have any prior right to occupy the property.
2. Does not include a tenant under title 33, chapter 10.