Arizona-2011-HB2140-Engrossed

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 33-1314, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1314. Terms and conditions of rental agreement

A. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

C. Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day‑to‑day.

D. Unless the rental agreement fixes a definite term, the tenancy shall be week‑to‑week in case of a roomer who pays weekly rent, and in all other cases month‑to‑month.

E. If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days' written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon which the new tax is effective. In order for a landlord to adjust rent pursuant to this subsection, the landlord's right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement.

F. Notwithstanding section 14‑3911, the landlord may request and the tenant may provide and routinely update the name and contact information of a person who is authorized by the tenant to enter the tenant's dwelling unit to retrieve and store the tenant's property if the tenant dies.� If the landlord is unable to contact the authorized person at the address and telephone number provided to the landlord by the tenant or the authorized person fails to respond to the landlord's request within ten calendar days of initial written contact, the landlord may dispose of the property as prescribed in section 33‑1370. Before removing any of the tenant's personal property, the authorized person shall present to the landlord a valid government issued identification that confirms the identity of the authorized person.� The authorized person shall have twenty calendar days from the date of initial written contact by the landlord or the last date for which rent is paid, whichever is longer, to remove items from the rental property and return keys to the landlord during regular business hours.� If the landlord allows an authorized person to enter the property to remove the tenant's personal possessions as prescribed by this subsection, the landlord has no further liability to the tenant, the tenant's estate or the tenant's heirs for lost, damaged or stolen items. If the tenant's personal property is not entirely removed from the rental unit by an authorized person, the landlord may dispose of the property as prescribed in section 33‑1370.� This subsection shall only apply if the periodic rent is unpaid and outstanding for at least five calendar days.

G. The landlord may include the following provisions in rental agreements or community rules for tenants, the tenants' guests and visitors with regard to firearms:

1. Tenants, tenants' guests and visitors shall comply with all federal and state laws governing the possession, carrying and use of firearms.

2. No firearms are permitted in the leasing office at any time. END_STATUTE

Sec. 2. Section 33-1315, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1315. Prohibited provisions in rental agreements

A. A rental agreement shall not provide that the tenant does any of the following:

1. Agrees to waive or to forego rights or remedies under this chapter.

2. Agrees to pay the landlord's attorney fees, except an agreement in writing may provide that� attorney fees may be awarded to the prevailing party in the event of court action and except that a prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees pursuant to section 12‑341.01 regardless of whether the rental agreement provides for such an award.

3. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

4. Agrees to waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.

5. Agrees to payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.

6. Agrees to waive or forgo the right to possess or carry firearms except as prescribed in section 33-1314, subsection G.

B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover actual damages sustained by the tenant and not more than two months' periodic rent.

C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368. END_STATUTE

Sec. 3. Section 33-1413, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1413. Terms and conditions of rental agreement

A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant.� The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this chapter.� The rental agreement shall be for a specific period and shall include:

1. The amount of the rent.

2. The amount of any security deposit.

B. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term.� If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months.� The initial term of a rental agreement may be for less than twelve months if the reason is to ensure conformity with a standard anniversary date. Any written rental agreement shall have all blank spaces completed, and executed copies of the written rental agreement shall be furnished to all parties within ten calendar days of execution.

C. The rental agreement may include conditions not prohibited by this chapter or other rule of law governing the rights and obligations of the parties.

D. The landlord shall attach to the rental agreement a statement signed by the prospective tenant acknowledging receipt of:

1. The disclosures required in section 33‑1432.

2. A current copy of this chapter as prescribed in section 33‑1432.

3. A current copy of the rules or regulations adopted pursuant to section 33‑1452.

E. Rent shall be payable without demand or notice at the time and place agreed upon by the parties.� Periodic rent is payable at the beginning of any term of one month or less, and thereafter, unless otherwise agreed, in equal monthly installments at the beginning of each month.� Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

F. A landlord shall not prohibit a tenant who is a member of the armed forces of the United States from terminating a rental agreement with less than two weeks' notice to the landlord if he receives reassignment orders which do not allow such prior notification.

G. Notwithstanding any provision of this article to the contrary, upon the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements.� The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least ninety days prior to the expiration or renewal of any rental agreement of any such increase or change. Nothing in this subsection requires a landlord to provide cause for any change in rent if the landlord complies with notice requirements.

H. On expiration of a written rental agreement for a specified term or written renewal of a rental agreement, tenancy is on a month‑to‑month basis unless the landlord, its designated agent or the tenant requests a new written rental agreement.� If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term. If the landlord and tenant disagree on the term of the rental agreement, the rental agreement shall be for twelve months.

I. In addition to any other rental provisions, the landlord is entitled to a rental increase effective at the expiration or renewal of any rental agreement or effective immediately if so provided in a written rental agreement to compensate the landlord for actual costs of insurance, taxes and rate increases for utilities, which shall be substantiated by the landlord in writing to the tenant.

J. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the mobile home, including all appurtenances owned by the tenant, and to preserve or upgrade the quality of the mobile home park even if the prospective tenant is purchasing a home already located in the mobile home park.� The improvements shall not exceed the requirements of the rules or regulations of the mobile home park.

K. Notwithstanding subsections A, B and H of this section, the tenant may demand in writing and the landlord shall offer a long‑term initial or renewal rental agreement that complies with all of the following:

1. The long‑term initial or renewal rental agreement shall be in writing and shall be for a term of four years.� A long‑term rental agreement may be for a term of less than four years if the reason is to ensure conformity with a standard park anniversary date.

2. All rents and other fees due during the term of the long‑term rental agreement shall be clearly identified in the agreement.

3. The tenant has ten calendar days from the date of receipt of the long‑term rental agreement to accept or reject the agreement.� If an agreement is not signed and returned to the landlord within the ten day period, the tenant is deemed to have rejected the agreement.� On rejection of the agreement, subsections A, B and H of this section apply.

L. The rental agreement may contain conditions regarding the removal of a mobile home from the mobile home park and the restoration of a mobile home space by a tenant or a tenant�s successor in interest after removal of the mobile home. The conditions shall not include any provisions regarding environmental liability or environmental remediation, and any environmental liability or environmental remediation requirements shall be governed as otherwise provided by law.

M. The landlord may include the following provisions in rental agreements or community rules for tenants, the tenants' guests and visitors with regard to firearms:

1. Tenants, tenants' guests and visitors shall comply with all federal and state laws governing the possession, carrying and use of firearms.

2. No firearms are permitted in the leasing office at any time.END_STATUTE

Sec. 4. Section 33-1414, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1414. Prohibited provisions in rental agreements; late payment penalty

A. A rental agreement shall not provide that the tenant agrees to:

1. Waive or to forego rights or remedies under this chapter.

2. Pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action.

3. The exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

4. Permit the landlord to charge a penalty fee for late payment of rent unless a tenant is allowed a minimum of five calendar days beyond the date the rent is due in which to remit payment.

5. Permit the landlord to charge a fee for a guest who does not stay for more than a total of fourteen calendar days in any calendar month.

6. Waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.

7. Payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.

8. Waive or forgo the right to possess and carry firearms except as prescribed in section 33-1413, subsection M.

B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known to be prohibited, the tenant may recover actual damages sustained and the rental agreement is voidable by the tenant.

C. A landlord may charge a penalty fee of not to exceed five dollars per day from the due date of the rent for late payment of rent if the payment is not remitted by the sixth day from the due date.

D. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1476. END_STATUTE

Sec. 5. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1817, to read:

START_STATUTE33-1817. Firearms regulation

A. The association shall not restrict firearms except as prescribed in this section.

B. The association may include the following provisions in the community documents including community rules for property owners, property owner tenants, guests and visitors with regard to firearms:

1. Property owners, the property owners' tenants, guests and visitors shall comply with all federal and state laws governing the possession, carrying and use of firearms.

2. No firearms are permitted in the management office at any time.

C. Any provision of the community documents that are inconsistent with the provisions of this section shall be unenforceable. END_STATUTE