ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: COM DPA 9-0-0-1

HB 2507: landlords; deceased tenant; pets

Sponsor:  Representative Bolick, LD 20

House Engrossed

Overview

Requires a landlord to request contact information of an authorized person who may enter a unit and retrieve a deceased tenant's pet.

History

The landlord may request that the tenant provide the name and contact information of a person authorized to enter, retrieve and store the tenant’s property in the event of the tenant’s death.  The landlord may dispose of the property if the landlord is unable to contact the person or if the person fails to respond to the landlord's request within 10 days after the initial written contact.  The person has 20 days after the date of the initial written contact to remove the property from the unit.  If the property is not entirely removed, the landlord may dispose of the property as prescribed by law (A.R.S. § 33-1314).

If the unit is deemed abandoned, the landlord must mail a notice of abandonment to the tenant's last known address and post a notice of abandonment on the unit's door for 5 days.  The landlord may retake possession of the unit after the fifth day. After the landlord retakes possession, the landlord may store the tenant's personal possessions in the until, however the landlord is not required to store perishable items, plants or animals on behalf of the tenant. The landlord, at their discretion, may immediately remove and release abandoned animals to a shelter or boarding facility upon taking possession of an abandoned unit (A.R.S. § 33-1370).

Abandonment means either the absence of the tenant without notice for seven days or if rent is outstanding and unpaid for ten days and there is no evidence of occupancy for five days, or if the rent is outstanding and unpaid for five days and none of the tenants personal property remains (A.R.S. § 33-1370).

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.   Allows the landlord to deem an animal abandoned and remove the animal to an animal shelter or boarding facility if:

a)   the landlord is unable to contact the authorized person; or

b)   the authorized person fails to respond within one day after the initial written contact (Sec. 1)

2.   Permits a landlord to release an animal to a relative of a deceased or incapacitated tenant if:

a)   no contact information of an authorized person to retrieve the animal was provided; or

b)   the contact information is no longer valid; or

c)   the landlord is unable to contact the authorized person after one calendar day. (Sec. 1)

3.   Specifies the requirements for releasing an animal to a relative or for an authorized person to remove an animal only applies if the tenant is deceased or is otherwise incapacitated. (Sec. 1)

4.   Specifies the tenant's abandoned animals may be removed and released to a shelter or boarding facility after notifying any person who was authorized by the tenant to retrieve the animal and no retrieval occurs after one calendar day. (Sec. 2)

5.   Cites this act as "Matthew's Law". (Sec. 3)

6.   Makes technical changes. (Sec. 1, 2)

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9.   ---------- DOCUMENT FOOTER ---------

10.                    HB 2507

11.  Initials PRB           Page 0 House Engrossed

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13.  ---------- DOCUMENT FOOTER ---------