ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: JUD DP 6-1-1-0 | 3rd Read 16-14-0-0

House: JUD DP 10-0-0-0


SB 1322: eviction proceedings; virtual appearances

Sponsor:  Senator Petersen, LD 12

Caucus & COW

Overview

Requires a court to allow remote participation at an initial appearance in special detainer or forcible detainer proceedings.

History

In counties with a population over 2,000,000 people, a justice of the peace has original jurisdiction over special detainers and forcible detainers if the amount of rent requested is no more than $10,000 (A.R.S. § 22-201).

A forcible detainer occurs if a tenant whose tenancy has been terminated remains in possession after receiving a written demand of possession from the landlord. A forcible detainer can also occur if, following a forcible entry and five days of written notice, the person who made the forcible entry refuses to return possession of the property (A.R.S. § 12-1173). Forcible detainer proceedings may also arise after property has been sold, forfeited or foreclosed upon after the transfer of a title (A.R.S. § 12-1173.01).

A special detainer follows a similar process as a forcible detainer, and occurs if: 1) a rental agreement is terminated or not renewed by the landlord; 2) the tenant fails to comply with the rental agreement; or 3) there is failure to pay rent (A.R.S. § 33-1377). Similar statute creates special detainer action for mobile home parks (A.R.S. § 33-1485).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NotePermits any party, including an attorney or witness, to a special detainer or forcible detainer proceeding to participate remotely through either a telephone or video conference connection at an initial appearance if written notice is provided to the court. (Sec. 1)

2.   Allows the court to require in-person attendance at subsequent hearings in a contested matter. (Sec. 1)

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6.                     SB 1322

7.   Initials LC/AF        Page 0 Caucus & COW

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