HB2361 - 481R

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

Section 1. Section 12-1173.01, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1173.01. Additional definition of forcible detainer

A. In addition to other persons enumerated in this article, a person in any of the following cases who retains possession of any land, tenements or other real property after he receives receiving written demand of possession may be removed through an action for forcible detainer that is filed with the clerk of the superior court in accordance with or a justice of the peace pursuant to this article:

1. If the property has been sold through the foreclosure of a mortgage, deed of trust or contract for conveyance of real property pursuant to title 33, chapter 6, article 2.

2. If the property has been sold through a trustee's sale under a deed of trust pursuant to title 33, chapter 6.1.

3. If the property has been forfeited through a contract for conveyance of real property pursuant to title 33, chapter 6, article 3.

4. If the property has been sold by virtue of an execution and the title has been duly transferred.

5. If the property has been sold by the owner and the title has been duly transferred.

B. The remedies provided by this section do not affect the rights of persons in possession under a lease or other possessory right which that is superior to the interest sold, forfeited or executed upon.

C. The remedies provided by this section are in addition to and do not preclude any other remedy granted by law.

D. A person who is subject to removal pursuant to subsection A is a tenant at sufferance. END_STATUTE

Sec. 2. Title 12, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 12-1173.02, to read:

START_STATUTE12-1173.02. Rent; notice; disposition of personal property

A. A person who wrongfully retains possession of real property of another is liable for rent for the use and occupancy of the premises. The rent is recoverable in a forcible or special detainer action. If no agreement exists as to the amount of rent, the rent shall be the fair rental value for the use and occupancy of the premises.

B. The notice provisions of section 33-1313 apply to this section.

C. the landlord may dispose of any personal property that is on the premises of a person who is subject to this section except a mobile home or recreational vehicle used as a dwelling pursuant to section 33-1368, subsections E and F and section 33-170. END_STATUTE

Sec. 3. Section 12-1175, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1175. Complaint and answer; service and return

A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no later than the next judicial day.

B. The complaint shall contain a description of the premises of which possession is claimed in sufficient detail to identify them the premises and shall also state the facts which entitle the plaintiff to possession and authorize the action.

C. The summons shall be served at least two days before the return day, and return made thereof on the day assigned for trial.

C. Service of the summons and complaint in a special detainer action shall be made pursuant to sections 33-1377 and 33-1485.

D. Service of the summons and complaint in a forcible detainer action shall be in the following manner:

1. The summons shall command the person against whom the complaint is made to appear and answer the complaint at the time and place named, which shall be not more than six nor less than three days after the date of the summons.

2. The summons and complaint shall be served at least two days before the return day and the return made on the day and time assigned for trial. Service of process in this manner shall be deemed the equivalent of having served the defendant in person for the purpose of awarding a money judgment for all rent, damages, costs and attorney fees due.

3. The defendant is deemed to have received the summons and complaint three days after it is mailed if personal service is attempted and within one day of issuance of the summons if a copy of the summons and complaint is conspicuously posted on the main entrance to the structure on the premises and on the same day a copy of the summons and complaint is sent by certified mail, return receipt requested, to the defendant's last known address. There is no duty to post If there is no structure on the premises.

E. The defendant shall appear and answer the complaint on the day and time assigned for trial even if the defendant files and serves on the plaintiff a written answer before the day and time assigned for trial.

F. If a special detainer or forcible detainer action is brought following expiration or termination of a tenancy pursuant to title 33, chapter 10, 11 or 19 for possession of property used for residential purposes, the following apply:

1. The summons shall contain the following information:

(a) The court's name, street address, city and telephone number.

(b) The date and time set for the trial of the matter.

(c) A notice that states if the tenant fails to appear, a default judgment may be entered granting the relief requested, including eviction from the property.

2. The complaint shall:

(a) Be brought in the name of the party claiming entitlement to possession of the property.

(b) State whether the property is located in the judicial precinct where the complaint is filed.

(c) Include a notice placed In bold, underlined print at the top center of the first page stating: "Your landlord is suing to have you evicted, Please read carefully".

(d) Include the specific reason for the eviction. A copy of the notice terminating the defendant's right to possession, if any, shall be attached as an exhibit.

(e) If the action involves a residential property or mobile home space and the tenancy is subject to reinstatement pursuant to statute before judgment, state that the defendant may contact the plaintiff and may reinstate the tenancy and cause the action to be dismissed.

(f) If the complaint seeks a judgment for reasons other than the nonpayment of rent, state the reason for termination of the tenancy with specific facts, including the date, place and circumstances of the reason for termination.

3. If the complaint seeks a money judgment for rent, late charges or other damages permitted by law, it shall include the following information calculated as of the date of the complaint:

(a) The frequency in which the rent is to be paid.

(b) The periodic rental amount and due date.

(d) The total amount of all sums claimed due.

(e) The amount of any rent concession claimed.

(f) The amount of attorney fees claimed in the event of a default and whether the fees are provided for by contract.

4. A complaint that is not served within the time required shall be dismissed on the day assigned for trial unless the defendant waives service in writing or appears at that time. If the defendant appears, the appearance shall constitute a waiver of any objections to the form or manner of service unless the defendant asserts those grounds. If a defendant appears and contests the form or manner of service, the court shall conduct an inquiry as to whether the service afforded the defendant a reasonable opportunity to present a defense. If the court finds the form or manner of service was insufficient, it shall grant any request by the defendant for a postponement of the trial date for at least two business days.

5. If the defendant contests the allegations in the complaint, the defendant shall appear on the day and time assigned for trial and verbally answer the complaint by pleading not guilty or not responsible or the defendant may file a written answer and serve it on the plaintiff on or before the day assigned for trial, in which case the defendant shall appear on the day and time assigned for trial. The answer shall include the reasons the complaint is contested. The defendant shall pay or apply for a waiver of the court answer fee at that time. END_STATUTE

Sec. 4. Title 12, chapter 8, article 4, Arizona Revised Statutes, is amended by adding section 12-1175.01, to read:

START_STATUTE12-1175.01. Counterclaims; cross-claims; consolidation

A. The defendant may file a counterclaim pursuant to section 33-1365 in a special detainer action brought pursuant to section 33-1377 for nonpayment of rent where the defendant claims a legal right to withhold rent. The court shall order the payment of the rent to the court by acceptable form of payment. If rent is not deposited as ordered the counterclaim shall be dismissed without prejudice. Any rent that is deposited with the court shall be distributed in accordance with the judgment of the court.

B. Unless specifically provided for by statute, a counterclaim may not be filed in a special detainer action. A counterclaim may not be filed in a forcible detainer action. A counterclaim that is filed without a statutory basis shall be stricken and dismissed without prejudice. All counterclaims shall be filed in writing and served on the opposing party in time to allow the party to prepare a defense before trial.

C. A counterclaim shall not defeat the jurisdiction of a justice court in a special detainer action and an action shall not be transferred to the superior court solely because a counterclaim was filed unless it is specifically permitted by statute and is not within the statutory jurisdiction of the justice court. The justice court shall review the claim to determine whether there is a legitimate statutory basis and whether the request for relief is within or exceeds the jurisdiction of the justice court. If a counterclaim has a legitimate statutory basis and the request for relief is not within the jurisdiction of the justice court, the court shall transfer the matter to the superior court. The court may permit the defendant to amend a counterclaim that includes one or more claims that are defective or impermissible.

D. A forcible or special detainer action may be consolidated only with one or more forcible or special detainer actions and shall not be consolidated with any other type of action.

E. A cross-claim or third party complaint may not be filed in a forcible or special detainer action. END_STATUTE

Sec. 5. Section 12-1176, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1176. Demand for jury; trial procedure

A. The clerk or justice of the peace shall at the time of issuing the summons, if requested by the plaintiff, issue a venire to the sheriff or constable of the county commanding him to summon a jury of eight persons, if the proceeding is in the superior court, and six persons, if the proceeding is in the justice court, who are qualified jurors of the county, to appear on the day set for trial to serve as jurors in the action. The venire shall be served and returned on the day assigned for trial. The trial date shall be no more than five judicial days after the aggrieved party files the complaint.

B. If the plaintiff does not request a jury, the defendant may do so when he appears, and the jury shall be summoned in the manner set forth in subsection A.

C. A contested matter shall be tried by the court unless a jury trial is demanded by the plaintiff in the complaint or by the defendant at or before the initial appearance. A party's failure to request a jury trial at or before the initial appearance is a waiver of that party’s right to a jury trial. At the initial appearance, if a jury trial is demanded, the court shall inquire and determine if a factual issue exists. If a factual issue does not exist the matter shall proceed to a trial by the court on any legal issue or may be disposed of by motion or pursuant to court rules.

D. If a jury trial is demanded and the court finds that the party making the demand has previously waived the right to a jury trial in a court pleading or by contract, the jury trial demand shall be denied and the matter shall proceed to a trial by the court.

C. E. If any jurors fail to attend, or are excused after being challenged, the jury shall be completed by causing other qualified jurors to be summoned immediately.

D. f. The action shall be docketed and tried as other civil actions. END_STATUTE

Sec. 6. Section 12-1177, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1177. Trial and issue; postponement of trial

A. On the trial of an action of forcible entry, special detainer or forcible detainer, the only issue shall be the right of actual possession and the merits of title shall not be inquired into. If a permissible counterclaim has been filed, the court shall decide the counterclaim by determining the amount of damages if the court finds in favor of the defendant or by dismissing the counterclaim if the court finds in favor of the plaintiff.

B. If a jury is demanded pursuant to section 12-1176, it the jury shall return a verdict of guilty or not guilty of the charge as stated in the complaint and shall decide any permissible counterclaim. If a jury is not demanded or has been waived, the action shall be tried by the court.

C. For good cause shown, supported by affidavit, the trial may be postponed for a time not to exceed three calendar days in a justice court or ten calendar days in the superior court.

D. In any special detainer or forcible detainer action that is brought following expiration or termination of a tenancy under title 33, chapter 10, 11 or 19 for possession of a property used for residential purposes, the court shall:

1. Announce the names of the parties at the time assigned for trial and shall:

(a) Identify any attorneys or representatives who are present and ascertain that they are properly authorized to represent the parties to the action.

(b) State or summarize the material allegations that are contained in the complaint and ask whether the defendant contests the allegations.

2. Determine if the defendant’s position provides either a factual or legal basis for a defense to the complaint and, if so, shall order a trial on the merits.

3. Determine whether service of the summons and complaint was proper.

4. Determine whether the defendant received a proper termination notice if required by law and was afforded any applicable opportunity to cure.

5. Determine whether the facts as alleged, if proven, would be sufficient to determine that the plaintiff has a right to possession.

6. Determine if the landlord has accepted a partial payment in a case claiming nonpayment of rent pursuant to title 33, chapter 10 and can produce a partial payment agreement and waiver signed by the defendant. If the plaintiff has accepted a partial payment and is unable to prove that the waiver was signed, the court shall dismiss the action.

7. Determine whether the party who is entitled to possession is also entitled to rent or other damages by confirming such amounts are not prohibited by statute and are provided for by the parties’ rental agreement.

8. Determine when a writ of restitution shall be issued if the judgment is for the plaintiff or, If the defendant is found not guilty, enter a judgment in favor of the defendant.

E. The plaintiff shall not be permitted to assert a claim unless it is contained in the complaint. This subsection shall not be construed to restrict damages that are authorized by statute and that accrue after the filing of the complaint.

F. If a defendant who has withheld rent requests a postponement the court may condition the granting of the motion on the defendant depositing with the court the amount of rent withheld. The request for the postponement shall be denied if rent is not deposited unless the plaintiff consents or the court is unable to conduct the trial at that time. Rent that is deposited pursuant to this subsection shall be distributed in accordance with the judgment of the court. END_STATUTE

Sec. 7. Section 12-1178, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1178. Judgment; writ of restitution; limitation on issuance

A. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's option, for all rent found to be due and unpaid through the periodic rental period, as described in section 33‑1314, subsection C, as provided for in the rental agreement, and shall grant a writ of restitution. If the defendant's social security number is contained on the complaint at the time of judgment, the person designated by the judge to prepare the judgment shall ensure that the defendant's social security number is contained on the judgment. After the writ of restitution has been enforced, a defendant or a person in privity with a defendant who remains on or returns to the property without the express permission of the owner of the property or the person with lawful control of the property commits criminal trespass in the third degree pursuant to section 13-1502.

B. If the defendant is found not guilty, judgment shall be given for the defendant against the plaintiff for damages, attorney fees, and court and other costs, and if it appears that the plaintiff has acquired possession of the premises since commencement of the action, if requested, a writ of restitution shall issue in favor of the defendant unless possession has thereafter been transferred to a nonparty to the action. If judgment is given for a defendant on a counterclaim, the judgment shall include damages in an amount determined by the court.

C. Except as provided in section 33-1368, subsection A, paragraph 2, section 33-1476, subsection D, paragraph 3 and section 33-2143, subsection D, paragraph 3, no writ of restitution shall issue until the expiration of five calendar days after the rendition of judgment. The court may order that a writ of restitution issue at any time after twenty-four hours if the court makes an express finding that continued occupancy will likely present a danger to persons or property. The writ of restitution shall be enforced as promptly and expeditiously as possible. The issuance or enforcement of a writ of restitution shall not be suspended, delayed, or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a judge finds good cause.

D. In any special detainer or forcible detainer action that is brought following expiration or termination of a tenancy pursuant to title 33, chapter 10, 11 or 19 for possession of a property used for residential purposes, the following apply:

1. If the defendant fails to appear and a postponement is not granted, the court shall enter a default judgment against the defendant provided the court first determines that:

(a) The summons and complaint were timely and properly served.

(b) The summons and complaint substantially satisfy the requirements of section 12-1175, subsection F.

(c) The plaintiff has provided the court with a copy of any written notice that is required by statute and that was served on the defendant.

(d) In an action for nonpayment of rent, the plaintiff provided proof to the court of a factual and legal basis for the award of rent and any reasonable late fees, attorney fees or other requested damages. If a written rental agreement exists the plaintiff shall have a copy of the written rental agreement available for the court to review at the initial appearance or subsequent hearing at which the default judgment is rendered.

(e) The amounts awarded in the judgment are consistent with the amounts sought in the complaint except for any additional rent, late charges, fees or other amounts that have accrued since the filing of the complaint.

2. If the defendant appears for trial and admits the allegations the court shall enter judgment in favor of the plaintiff.

3. The court may accept a stipulated judgment signed by the defendant without requiring that the defendant physically appear before the court if the judgment form the defendant stipulated to contains substantially the following warning:

Read carefully. By signing below you are consenting to the terms of a judgment against you. You may be evicted as a result of this judgment, the judgment may appear on your credit report and you may not stay at the rental property even if the amount of the judgment is paid in full without your landlord’s express consent.

4. If the defendant appears for trial in a contested matter and contests the allegations, the following apply:

(a) The court shall determine if there is a factual or legal basis for a defense to the complaint. If the court determines that either a valid defense or proper counterclaim exists, the court shall order a trial on the merits. If the trial is postponed, the court may require the defendant to file a written answer. If the court orders the defendant to file a written answer, the court shall advise the defendant of the requirement of an answer fee and the defendant’s right to apply for a waiver of the fee.

(b) The defendant is not required to answer until the day assigned for trial. At the time of trial, the defendant may file an oral answer on the record. The court shall not require an answer fee for an oral answer.

(c) At the conclusion of the trial, if the court takes the matter under advisement it shall issue a decision by the end of the next business day. The decision shall state that the defendant is guilty or not guilty. If the defendant is found guilty, the court shall enter judgment for the plaintiff and award rents, late fees, court costs, attorney fees and other damages, as appropriate, based on the evidence presented and if permitted by statute, and shall dispose of any rents or other monies deposited with the court. If the defendant is found not guilty the court shall enter judgment for the defendant dismissing the action and awarding costs and, if appropriate, attorney fees. If the court finds for the defendant on a counterclaim it shall award damages, as appropriate.

5. The court shall grant the following relief on the entry of a judgment:

(a) Except as provided by subdivision (b) of this paragraph, if the judgment is for the plaintiff, the court shall award possession of the premises to the plaintiff. A writ of restitution shall not be issued until the expiration of five calendar days after rendition of the judgment.

(b) If an immediate termination has been requested and ordered due to a breach that is both material and irreparable pursuant to section 33-1368 or section 33-1485, the judgment shall provide for the writ of restitution to issue between twelve and twenty-four hours after the entry of judgment or longer if the plaintiff requests.

(c) If the judgment is for the defendant and the plaintiff has possession of the premises, the defendant may request possession of the premises with a writ of restitution to issue after five calendar days unless possession has been obtained by a nonparty to the action.

(d) A writ of restitution date shall not be delayed or extended beyond the date ordered unless the parties stipulate otherwise.

(e) In addition to determining the right to possession, the court may assess damages as follows:

(i) The court shall award rent to a prevailing plaintiff together with any additional periodic rent that has accrued since the complaint was filed, if requested in the complaint. In the case of an unexpired lease, rent through the balance of the lease term shall not be awarded but may be sought in a separate civil action.

(ii) If the landlord charged utilities to the defendant under a rental agreement, the court shall award any unpaid amount to a prevailing plaintiff.

(iii) If a written rental agreement provides for periodic late charges in the event of a rent default, the court shall award the prevailing plaintiff reasonable late charges. In an action involving a mobile home park or a recreational vehicle park, the court shall limit the award of periodic late charges to the statutory amount and the court shall not reduce a late charge calculated in accord with that limitation unless the plaintiff fails to establish the existence of a written agreement regarding the late charges.

(iv) The court may award to the prevailing plaintiff any fees that are specified in a written rental agreement and that are collected periodically together with other rental charges.

(v) If the plaintiff prevails, the court may award damages for breach of the rental agreement, including property damages, if the damages were properly pled in the complaint and resulted from the breach giving rise to the eviction. If a claim for other damages is substantial and disputed and a fair trial of the claims would likely delay a prompt determination of the action, the court may sever those claims and dismiss them without prejudice, and permit the plaintiff to reassert the claims in a separate civil proceeding.

(vi) If a defendant prevails on a counterclaim, the court shall award damages and shall determine the prevailing party for purposes of awarding costs and reasonable attorney fees.

(vii) The court shall award court costs pursuant to section 12-341.

6. If the court finds that a rental agreement or lease provides a rent concession that in the event of a default becomes due and payable, the court shall include the amount of the concession as additional damages in the judgment to a prevailing plaintiff, if pled in the complaint, unless the court finds good cause not to award them.

7. The court shall award reasonable attorney fees to the prevailing party if the court determines that the fees are provided for by statute or in a written contract. The award may not exceed the amount the client has paid or agreed to pay.

E. The court shall promptly issue a writ of restitution on timely application. A judge, a justice of the peace or the clerk of the superior court may issue the writ of restitution if it appears that a judgment granting possession has been entered in favor of the party filing the writ and the action has not been stayed subject to the following conditions:

1. Neither the issuance nor the enforcement of a writ of restitution will be suspended, delayed or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion unless the court finds good cause.

2. The writ of restitution shall be enforced as promptly and expeditiously as possible. The constable or sheriff executing the writ shall not delay execution of the writ unless the court orders a delay or suspension of enforcement of the writ pursuant to paragraph 1 of this subsection or the party attempting to enforce the writ agrees to or requests a delay in writing.

3. A party who obtains a judgment for possession has up to forty-five days to apply for a writ of restitution.

4. If a party applies for a writ of restitution more than forty-five days after the date of judgment, the party shall explain the reasons for the delay in making the application and shall certify that the tenancy has not been reinstated since the date of the judgment. If it is clear that the tenancy has not been reinstated, the court shall issue the writ. If it appears that the tenancy has been reinstated the court before granting the application shall schedule a hearing not more than three business days after the application. The court shall attempt to contact the party in possession by telephone to provide notice of the hearing and the applicant for the writ shall notify the party in possession of the date, time, place and purpose of the hearing either personally or by posting the notice on the main entrance to the premises.

5. After a writ of restitution has been issued, a party may file a motion to quash the writ. If the court on reviewing the motion finds good cause to believe that the writ was improperly applied for or issued, the court may stay enforcement and schedule a hearing on the motion. The hearing shall be conducted within three business days after the filing of the motion. END_STATUTE

Sec. 8. Section 12-1179, Arizona Revised Statutes, is amended to read:

START_STATUTE12-1179. Appeal to superior court; notice; bond

A. Either party may appeal from a justice court to the superior court in the county in which the judgment is given by giving notice as in other civil actions within five calendar days after rendition of the judgment pursuant to this section. The appeal shall be filed in accordance with this section, and the time to appeal shall not be extended or otherwise affected by the filing of a motion to set aside or vacate the judgment or similar motion.

B. A party seeking to appeal a judgment shall file with the notice of appeal a bond IN THE AMOUNT OF THREE HUNDRED DOLLARS for costs on appeal. The justice of the peace shall set the bond in an amount sufficient to cover the costs on appeal. The bond shall be payable to the clerk of the justice court. If a party is unable to file a bond for costs on appeal, the party shall file with the justice court a notice of appeal along with an affidavit stating that the party is unable to give bond for costs on appeal and the reasons therefor. Within five court days after the filing of the affidavit, any other party may file, in the justice court, objections to the affidavit. The justice of the peace shall hold a hearing on the affidavit and objections within five court days thereafter. If the justice court sustains the objections, the appellant shall file, within five court days thereafter, a bond for costs on appeal as provided for in this section or in such a lesser amount as ordered by the justice court.

C. A party seeking to appeal a judgment may stay the execution of either the judgment for possession or any THE judgment for money damages by filing a supersedeas bond IN THE AMOUNT OF THE MONETARY PORTION OF THE JUDGMENT. The justice court shall hold a hearing on the motion within five court days after the parties advise the justice court of their failure to stipulate on the amount of the bond. The stay is effective when the supersedeas bond or bonds are filed.

D. The party seeking to stay the execution of the judgment for possession shall file a supersedeas bond in the amount SPECIFIED IN SUBSECTION c of this section AND IN ADDITION SHALL DEPOSIT of rent accruing from the date of the judgment until the next periodic rental date, together with costs and attorney fees, if any. The tenant shall pay to the clerk of the justice court, on or before each periodic rental due date during the pendency of the appeal, the amount of rent, UTILITIES AND OTHER RELATED CHARGES due under the terms of the lease or rental agreement. Such amounts shall be made payable by the justice court to the owner, landlord or agent as they accrue to satisfy the amount of periodic rent due under the lease or rental agreement. In all cases where the rent due under the terms of the lease or rental agreement is paid through the justice court as set forth in this subsection, the order of the court may include a one‑time handling fee in the amount of ten dollars to be paid by the party seeking to stay the execution of the judgment for possession. In no event shall the amounts paid per month exceed the amount of monthly rent charged by the owner for the premises. If the tenant IN A SPECIAL DETAINER ACTION raises habitability as provided for in sections 33‑1324 and 33‑1364 as an affirmative defense to the nonpayment of rent or the tenant has filed a counterclaim asserting a habitability issue, the justice court shall retain all money paid under this subsection pending a final judgment.

E. If during the pendency of the appeal the party seeking to stay the execution of the judgment for possession fails to pay the rent AND OTHER CHARGES on OR BEFORE the periodic rental due date, the party in whose favor a judgment for possession was issued MAY APPLY FOR A WRIT OF RESTITUTION. tHE APPLICATION FOR WRIT OF RESTITUTION SHALL CERTIFY THAT RENT AND OTHER CHARGES HAVE NOT BEEn ACCEPTED BY THE PLAINTIFF AND HAVE NOT BEEN PAID TO THE COURT. tHE COURT SHALL IMMEDIATELY iSSUE THE WRIT OF RESTITUTION if it has not received payment. may move the justice court to lift the stay of the execution of the judgment for possession. The justice court shall hear the motion to lift the stay of the execution of the judgment for possession and release accrued monies, if any, within five court days from the failure of the party to pay the periodic rent due under the terms of the lease or rental agreement. If the judgment appealed from involves a finding of a material and irreparable breach pursuant to section 33‑1368 or section 33‑1476, subsection D, paragraph 3 the justice court shall treat it as an emergency matter and conduct a hearing on a motion to lift the stay of execution of the writ of restitution within three days. If the third day is a Saturday, Sunday or other legal holiday, the hearing shall be held on the next day thereafter.

F. The party seeking to stay the execution of the judgment for money damages shall file a supersedeas bond in the amount of the judgment, together with costs and attorney fees, if any. The amount of the bond shall be fixed by the court and payable to the clerk of the justice court.

F. If the judgment appealed from has a finding of a material and irreparable breach by the tenant of a dwelling unit or a tenant in a mobile home park or recreational vehicle park, the court may decide not to permit rents to be deposited and may allow a writ of restitution to be enforced notwithstanding the appeal or the court may impose such conditions in addition to the deposit of rents as it deems appropriate in the interests of safety. If the court determines that personal injury or serious property damage is unlikely to occur while the appeal is pending or that serious criminal conduct is unlikely to take place on the premises, the court shall permit rents to be deposited. If rent payments are not kept current pursuant to subsection D of this section or if additional prohibited acts of conduct by the appellant occur, a motion to lift the stay may be filed. The court shall treat a motion to lift the stay of execution of the writ of restitution as an emergency matter and conduct a hearing within three days. If the third day is a Saturday, Sunday or other legal holiday the hearing shall be held on the next court day. END_STATUTE