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AZ SB1058
Bill
Status
1/11/2016
Primary Sponsor
John Kavanagh
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AI Summary
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Creates a new legal category of "unlawful occupant" defined as a person occupying a residence without the landlord's permission who is not a guest and has never had a landlord-tenant relationship with the landlord.
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Allows landlords to provide written notice to unlawful occupants and pursue a special detainer action for immediate removal of the occupant from the premises.
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In special detainer actions against unlawful occupants, courts may award judgments for restitution of the premises, damages to the premises, and costs (but not rent, as these are not tenants).
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Extends the special detainer action procedures under Arizona's residential landlord and tenant law to cover removal of unlawful occupants, with service and trial procedures similar to those used for tenant evictions.
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Summons requirements for unlawful occupant detainer actions include posting on the residence and certified mail, with trial dates set within 3-6 days of the summons.
Legislative Description
Landlord-tenant relationship; unlawful occupants
Last Action
Referred to Senate CWD Committee
1/12/2016