SB 1129 — transient occupants; property; removal

7.

(______) THE OCCUPANT HAS NOT HAD A PRIOR VERBAL OR WRITTEN AGREEMENT TO COHABITATE WITH THE PROPERTY OWNER IN THE RESIDENTIAL DWELLING.

8.

(______) THERE IS NO PENDING LITIGATION THAT IS RELATED TO THE REAL PROPERTY BETWEEN THE PROPERTY OWNER AND THE PERSON WHO IS SOUGHT TO BE REMOVED.

9.

(______) I UNDERSTAND THAT AN OCCUPANT WHO IS REMOVED FROM THE REAL PROPERTY PURSUANT TO THIS PROCEDURE MAY BRING A CAUSE OF ACTION AGAINST ME FOR ANY FALSE STATEMENTS MADE IN THIS AFFIDAVIT, OR FOR WRONGFULLY USING THIS PROCEDURE, AND THAT AS A RESULT OF THAT ACTION I MAY BE HELD LIABLE FOR ACTUAL DAMAGES, PENALTIES, COSTS AND REASONABLE ATTORNEY FEES.

10.

(______) I AM REQUESTING LAW ENFORCEMENT TO IMMEDIATELY REMOVE THE UNAUTHORIZED OCCUPANT FROM THE REAL PROPERTY.

11.

(______) A COPY OF MY VALID GOVERNMENT-ISSUED IDENTIFICATION IS ATTACHED, OR I AM THE AUTHORIZED AGENT OF THE PROPERTY OWNER AND DOCUMENTS EVIDENCING MY AUTHORITY TO ACT ON THE PROPERTY OWNER'S BEHALF ARE ATTACHED.

I HAVE READ EVERY STATEMENT MADE IN THIS AFFIDAVIT AND EACH STATEMENT IS TRUE AND CORRECT.

I UNDERSTAND THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED BY ARIZONA REVISED STATUTES SECTION 13-2702.

___________________________________________________ (SIGNATURE OF PROPERTY OWNER OR AUTHORIZED AGENT OF PROPERTY OWNER) ________________________ (DATE) C.

ON RECEIPT OF THE SWORN AFFIDAVIT THAT STATES THE FACTORS PRESCRIBED BY SUBSECTION A OF THIS SECTION, LAW ENFORCEMENT SHALL VERIFY THAT THE PERSON SUBMITTING THE SWORN AFFIDAVIT IS THE RECORD OWNER OF THE REAL PROPERTY OR THE AUTHORIZED AGENT OF THE PROPERTY OWNER AND APPEARS - 2 - S.B.

1129 OTHERWISE ENTITLED TO RELIEF UNDER THIS SECTION.

IF VERIFIED, LAW ENFORCEMENT SHALL WITHOUT DELAY DIRECT THE UNLAWFUL OCCUPANT TO SURRENDER POSSESSION OF THE REAL PROPERTY.

LAW ENFORCEMENT SHALL SERVE A NOTICE TO IMMEDIATELY VACATE ON ALL OF THE UNLAWFUL OCCUPANTS AND SHALL PUT THE OWNER IN POSSESSION OF THE REAL PROPERTY.

SERVICE MAY BE ACCOMPLISHED BY HAND DELIVERY OF THE NOTICE TO THE OCCUPANT OR BY POSTING THE NOTICE ON THE FRONT DOOR OR ENTRANCE OF THE RESIDENTIAL DWELLING.

LAW ENFORCEMENT SHALL ALSO ATTEMPT TO VERIFY THE IDENTITIES OF ALL PERSONS WHO ARE OCCUPYING THE RESIDENTIAL DWELLING AND NOTE THE IDENTITIES ON THE RETURN OF SERVICE.

AFTERA LAWPERSON ENFORCEMENTWHO SERVESFAILS THEOR NOTICEREFUSES TO IMMEDIATELYSURRENDER VACATE,POSSESSION THE PROPERTY OWNER OR AN AUTHORIZED AGENT OF THE PROPERTY OWNERAS MAYDIRECTED REQUESTBY THATA LAW ENFORCEMENT STANDOFFICER BYPURSUANT TO KEEPTHIS THESECTION PEACEIS WHILECOMMITTING THETRESPASS. PROPERTY OWNER OR AUTHORIZED AGENT OF THE PROPERTY OWNER CHANGES THE LOCKS AND REMOVES THE PERSONAL PROPERTY OF THE UNLAWFUL OCCUPANT FROM THE PREMISES TO OR NEAR THE PROPERTY LINE.

WHEN SUCH A REQUEST IS MADE, LAW ENFORCEMENT MAY CHARGE A REASONABLE HOURLY RATE AND THE PERSON REQUESTING LAW ENFORCEMENT TO STAND BY AND KEEP THE PEACE IS RESPONSIBLE FOR PAYING THE REASONABLE HOURLY RATE SET BY LAW ENFORCEMENT.

LAW ENFORCEMENT IS NOT LIABLE TO THE OCCUPANT OR ANY OTHER PARTY FOR LOSS, DESTRUCTION OR DAMAGE OF PROPERTY.

THE PROPERTY OWNER OR AN AUTHORIZED AGENT OF THE PROPERTY OWNER IS NOT LIABLE TO AN OCCUPANT OR ANY OTHER PARTY FOR THE LOSS, DESTRUCTION OR DAMAGE TO THE PERSONAL PROPERTY ON THE PREMISES UNLESS THE REMOVAL WAS WRONGFUL PURSUANT TO SUBSECTION G OF THIS SECTION.

THEA OWNERPERSON OFWHO THEIS PROPERTYWRONGFULLY ORREMOVED THEFROM PROPERTYA OWNER'SPREMISES AUTHORIZED AGENT MAY PRESUMEFILE THATAN THEACTION UNLAWFULAND OCCUPANTRECOVER HASDAMAGES ABANDONEDFOR PERSONALFORCIBLE BELONGINGSENTRY THATAND REMAINDETAINER ATAGAINST THE RESIDENTIALPERSON DWELLINGWHO AFTERCLAIMS THE UNLAWFULRIGHT OCCUPANTTO SURRENDERSPOSSESSION OCCUPANCY OF THE RESIDENTIALPROPERTY. DWELLING OR IS REMOVED FROM THE RESIDENTIAL DWELLING.

ANFOR OCCUPANTTHE WHOPURPOSES FAILS OR REFUSES TO SURRENDER POSSESSION OF THE REAL PROPERTY AS DIRECTED BY A LAW ENFORCEMENT OFFICER PURSUANT TO THIS SECTIONSECTION, IS"TRANSIENT COMMITTINGOCCUPANT": TRESPASS.

G.

A PERSON WHO IS WRONGFULLY REMOVED FROM A PREMISES MAY FILE AN ACTION AGAINST THE PERSON WHO CLAIMS THE RIGHT TO POSSESSION OF THE REAL PROPERTY AND MAY BE RESTORED TO POSSESSION OF THE REAL PROPERTY AND RECOVER ACTUAL COSTS AND DAMAGES INCURRED, STATUTORY DAMAGES EQUAL TO THREE TIMES THE FAIR MARKET RENT OF THE RESIDENTIAL DWELLING, COURT COSTS AND REASONABLE ATTORNEY FEES.

THE COURT SHALL ADVANCE THE CAUSE ON THE CALENDAR.

A PERSON WHO IS WRONGFULLY REMOVED PURSUANT TO THIS SECTION DOES NOT HAVE A CAUSE OF ACTION AGAINST THE LAW ENFORCEMENT OFFICER OR THE LAW ENFORCEMENT AGENCY THAT EMPLOYS THE LAW ENFORCEMENT OFFICER ABSENT A SHOWING OF BAD FAITH BY THE LAW ENFORCEMENT OFFICER.

H.

THIS SECTION DOES NOT LIMIT THE RIGHTS OF A PROPERTY OWNER OR LIMIT THE AUTHORITY OF A LAW ENFORCEMENT OFFICER TO ARREST AN UNLAWFUL OCCUPANT FOR TRESPASSING, VANDALISM, THEFT OR OTHER CRIMES.

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1129 I.

FOR THE PURPOSES OF THIS SECTION:

"LAW ENFORCEMENT" OR "LAW ENFORCEMENT OFFICER" MEANS THE SHERIFF OR A DEPUTYPERSON SHERIFFWHO OFOCCUPIES THEA COUNTYRESIDENTIAL IN WHICH THE REAL PROPERTY ISAND LOCATEDWHO ORMEETS AALL CITYOF ORTHE TOWNFOLLOWING LAWREQUIREMENTS: ENFORCEMENT OFFICER.

(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.

"OCCUPANT" OR "UNLAWFUL OCCUPANT" DOES NOT INCLUDE A TENANT UNDER TITLE 33, CHAPTER 10.

Sec.- 1 -

2.

Legislative intent The right to exclude others from entering and the right to direct others to immediately vacate residential real property are the most important real property rights.

Existing laws in this state fail to adequately protect the rights of property owners amidst the rampant increase of unauthorized persons occupying residential real property and fails to adequately discourage theft and vandalism.

The legislature intends to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.

(ENACTED WITHOUT THE EMERGENCY) Sec.

3.

Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

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