landlord tenant; notice; assistance information

HB2565 - 572R - I Ver

REFERENCE TITLE:
landlord tenant; notice; assistance information

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2565

Introduced by

Representatives
Contreras P: Aguilar, Cavero, Crews, Garcia, Liguori, Simacek, Stahl
Hamilton, Villegas;� Senator Ortiz

AN
ACT

amending sections 33-1322 and 33-1368,
Arizona Revised Statutes; relating to the Arizona residential landlord and
tenant act.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 33-1322, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-1322.

Disclosure and tender of written rental agreement

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. If there is a written rental agreement, the
landlord must
:

1.
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

paragraph
shall be deemed a
material noncompliance by the landlord or the tenant, as the case may be, of
the rental agreement.

2. Provide the website address for
azcourthelp.org, if available, or must provide information on prevention of and
assistance for tenant evictions that are AVAILABLE in that location, including
services from the department of economic security and any services from the
appropriate municipality.
END_STATUTE

Sec. 2. Section 33-1368, Arizona Revised Statutes, is amended to read:

START_STATUTE
33-1368.

Noncompliance with rental agreement by tenant; failure to pay
rent; utility discontinuation; liability for guests; definition

A. Except as provided
in this chapter, if there is a material noncompliance by the tenant with the
rental agreement, including material falsification of the information provided
on the rental application, the landlord may deliver a written notice to the
tenant specifying the acts and omissions constituting the breach and that the
rental agreement will terminate on a date not less than ten days after receipt
of the notice if the breach is not remedied in ten days. For the
purposes of this section, material falsification includes the following untrue
or misleading information about the:

1. Number of occupants in the dwelling unit, pets,
income of the prospective tenant, social security number and current employment
listed on the application or lease agreement.

2. Tenant's criminal records, prior eviction record
and current criminal activity. Material falsification of information
in this paragraph is not curable under this section.

If there is a noncompliance by the
tenant with section 33-1341 materially affecting health and safety, the
landlord may deliver a written notice to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will terminate
on a date not less than five days after receipt of the notice if the breach is
not remedied in five days.�
However,
If the breach is
remediable by repair or the payment of damages or otherwise, and the tenant
adequately remedies the breach before the date specified in the notice, the
rental agreement will not terminate.� If there is an additional act of these
types of noncompliance of the same or a similar nature during the term of the
lease after the previous remedy of noncompliance, the landlord may institute a
special detainer action pursuant to section 33-1377 ten days after
delivery of a written notice advising the tenant that a second noncompliance of
the same or a similar nature has occurred. If there is a breach that
is both material and irreparable and that occurs on the premises, which may
include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102,
13-1103, 13-1104 and 13-1105, prostitution as defined in
section 13-3211, criminal street gang activity as prescribed in section
13-105, activity as prohibited in section 13-2308, the unlawful
manufacturing, selling, transferring, possessing, using or storing of a
controlled substance as defined in section 13-3451, threatening or
intimidating as prohibited in section 13-1202, assault as prohibited in
section 13-1203, acts that have been found to constitute a nuisance
pursuant to section 12-991 or a breach of the lease agreement that
otherwise jeopardizes the health, safety and welfare of the landlord, the
landlord's agent or another tenant or involving imminent or actual serious
property damage, the landlord may deliver a written notice for immediate
termination of the rental agreement and shall proceed under section 33-1377.�
The foregoing list of actions
,
which may constitute a
material and irreparable breach of a tenant's lease
,
is
not exhaustive.

B. A tenant may not withhold rent for any reason not
authorized by this chapter. If rent is unpaid when due and the
tenant fails to pay rent within five days after written notice by the landlord
of nonpayment and the landlord's intention to terminate the rental agreement if
the rent is not paid within that period of time, the landlord may terminate the
rental agreement by filing a special detainer action pursuant to section 33-1377.
Before the filing of a special detainer action
,
the
rental agreement shall be reinstated if the tenant tenders all past due and
unpaid periodic rent and a reasonable late fee set forth in a written rental
agreement. After a special detainer action is filed
,

the rental agreement is reinstated only if the tenant pays all past due rent,
reasonable late fees set forth in a written rental agreement, attorney fees and
court costs. After a judgment has been entered in a special detainer
action in favor of the landlord, any reinstatement of the rental agreement is
solely in the discretion of the landlord.

C. For any notice provided to the
tenant pursuant to this section, the landlord shall include in the notice the
website address for azcourthelp.org, if available, or shall provide information
on prevention of and assistance for tenant evictions that are AVAILABLE in that
location, including services from the department of economic security and any
services from the appropriate municipality.

C.

D.
The
landlord may recover all reasonable damages resulting from noncompliance by the
tenant with the rental agreement or section 33-1341 or occupancy of the
dwelling unit, court costs, reasonable attorney fees and all quantifiable
damage caused by the tenant to the premises.

D.

E.
The
landlord may discontinue utility services provided by the landlord on the day
following the day that a writ of restitution or execution is executed pursuant
to section 12-1181. Disconnections shall be performed only by
a person authorized by the utility whose service is being
discontinued. This section does not supersede standard tariff and
operational procedures that apply to any public service corporation, municipal
corporation or special districts providing utility services in this state.

E.

F.
On
the day following the day that a writ of restitution or execution is executed
pursuant to section 12-1181, the landlord shall comply with section 33-1370,
subsections D, E, F, G, H and I regarding the tenant's personal property.

F.

G.
For the purposes of this chapter, the tenant
shall be held responsible for the actions of the tenant's guests that violate
the lease agreement or rules or regulations of the landlord if the tenant could
reasonably be expected to be aware that such actions might occur and did not
attempt to prevent those actions to the best of the tenant's ability.

G.

H.
For
the purposes of this section, "days" means calendar days.
END_STATUTE