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REFERENCE TITLE: firearms regulation; landlords; homeowners' associations |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2140 |
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Introduced by Representative Harper
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AN ACT
amending sections 33-1315 and 33-1414, Arizona Revised Statutes; amending title 33, chapter 16, article 1, Arizona revised Statutes, by adding section 33-1817; relating to property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1315, Arizona Revised Statutes, is amended to read:
33-1315. 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 forego any fundamental right guaranteed under article II, Constitution of Arizona, and exercised in accordance with state law.
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.
Sec. 2. Section 33-1414, Arizona Revised Statutes, is amended to read:
33-1414. 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 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 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 forego any fundamental right guaranteed under article II, Constitution of Arizona, and exercised in accordance with state law.
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.
Sec. 3. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1817, to read:
33-1817. Firearms regulation
Notwithstanding any provision in the community documents, an association shall not prohibit the lawful exercise of any fundamental right guaranteed under article II, Constitution of Arizona.