HB 2573 — landlord; tenant; fee disclosure; waiver

HB2573 - 551R - H-Commerce-ProposedH Ver   Fifty-fifth  Legislature                                                   CommerceHouse FirstEngrossed Regular  Session                                                  landlord; H.B.

 tenant; PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

2573fee (Referencedisclosure; to printed bill)       Page 1, line 30, strike the colon Line 31, strike “1.”;

strikewaiver “MAY  BE  CHARGEABLE”  insert  “AREState CHARGED”of LineArizona 33,House strikeof “VALETRepresentatives OR”Fifty-fifth insertLegislature aFirst commaRegular LineSession 34,  after  the  commaHOUSE insertBILL “TAXES,”;2573       AN ACT   amending section 33-1322, Arizona Revised Statutes;

strikerelating “PAYMENTS”;to the Arizona residential landlord and tenant act.

after  “ONLINE”  insert(TEXT “PAYMENTS”OF LineBILL 35,BEGINS afterON "or"NEXT strikePAGE) remainder of line insert "CHARGES, EXCEPT FOR ANY CHANGES IN FEES, COSTS, CHARGES OR TAXES WHICH ARE PERMITTED BY LAW.” Strike lines through 45 Strike pages and 3 Amend title to conform    Be JEFFit WENINGERenacted  by  the 2573WENINGERLegislature 02/15/2021of 08:41the AMState H:of Arizona:

PRB/lsSection 1.    

Section 33-1322, Arizona Revised Statutes, is amended to read:

START_STATUTE33-1322.

Disclosure and tender of written rental agreement;

fees A.

The landlord or any person authorized to enter into a rental agreement on his the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:

1.

The person authorized to manage the premises.

2.

An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands.

B.

At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona residential landlord and tenant act is available on the Arizona department of housing's website.

C.

The information required to be furnished by this section shall be kept current and refurnished to a tenant upon on the tenant's request.

This section extends to and is enforceable against any successor landlord, owner or manager.

D.

A person who fails to comply with subsections A, B and C of this section becomes an agent of each person who is a landlord for the following purposes:

1.

Service of process and receiving and receipting for notices and demands.

2.

Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

E.

At or before the commencement of the tenancy, The landlord shall disclose to the tenant Any additional fees or costs that are charged to the tenant and that are not included in the periodic rental rate, INCLUDING charges for trash, for upgrades to the rental premises necessary to use smart devices, taxes, service fees for submission of online payments and any other additional fees or charges, except for any changes in fees, costs, charges or taxes which are permitted by law.

E.

If there is a written rental agreement, the landlord must tender and deliver a signed copy of the rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully executed copy of such rental agreement within a reasonable time after the agreement is executed.

A written rental agreement shall have all blank spaces completed.  Noncompliance with this subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case may be, of the rental agreement.

END_STATUTE