landlord tenant; evictions for cause

HB2710 - 572R - I Ver

REFERENCE TITLE:
landlord tenant; evictions for cause

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2710

Introduced by

Representatives
Villegas: Abeytia, Aguilar, Austin, Cavero, Connolly, Contreras P, Crews, De
Los Santos, Garcia, Gutierrez, Liguori, Luna-N�jera, M�rquez, Mathis,
Peshlakai, Sandoval, Simacek, Stahl Hamilton, Travers

AN
ACT

amending section 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 33-1368, 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; termination for cause;
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. 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. 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. 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. 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. Notwithstanding
any other statute, for any tenant who has maintained a tenancy of twelve months
or more, a LANDLORD may only terminate the rental agreement or refuse to renew
the rental agreement if any of the following occurs:

1. the tenant fails to pay rent.

2. the tenant materially breaches the
rental agreement.

3. The landlord or the landlord's
spouse, grandparent, sibling, child, niece, nephew or grandchild is to reside
in the rental property or the landlord removes the rental property from the
rental market.� For any termination PURSUANT to this PARAGRAPH, the landlord
shall WAIVE one month of the tenant's rent or shall provide to the tenant one
month's rent as relocation assistance.

G.

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