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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
landlords; deceased tenant; pets
Purpose
Requires a landlord to provide an authorized person a one-day notice before removing a tenant's abandoned animals to a shelter or boarding facility. Authorizes a landlord to release the animal of a deceased or otherwise incapacitated tenant to a shelter, boarding facility or relative as prescribed.
Background
A landlord may request a tenant provide the contact information of a person authorized to retrieve the tenant's personal property if the tenant dies. If the landlord is unable to contact the authorized person or the person fails to respond within 10 days after initial written contact, the landlord may dispose of the property in the same manner as prescribed for property in an abandoned dwelling unit (A.R.S. § 33-1314).
A tenant abandons a dwelling if: 1) rent is outstanding and unpaid for 5 days, the tenant is absent for 5 days and there is no personal property in the unit; or 2) rent is outstanding and unpaid for 10 days, the tenant is absent for 7 days without notice and there is no reasonable evidence that the tenant occupies the residence other than the tenant's personal property.
A landlord may repossess an abandoned dwelling after a five-day notice and must hold any personal property remaining in the unit for 14 days after repossession. If the tenant does not make a reasonable effort to retrieve the property, the landlord may donate the property or sell the property to cover outstanding rent or other costs.
A landlord is not required to store the tenant's perishable items, including plants, or animals. The landlord may immediately remove and release an abandoned animal to a shelter or boarding facility and must keep a record of the facility to which the animal was released. The landlord must provide reasonable care for the abandoned animals if the landlord does not release the animals to a shelter or boarding facility or must notify a county or municipal animal control officer (A.R.S. § 33-1370).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a landlord to remove the animals of a tenant that abandons a dwelling unit to a shelter or boarding facility only after:
a) notifying a person authorized to retrieve the tenant's animal if the tenant dies or is otherwise incapacitated; and
b) no animal retrieval occurs after one day.
2. Authorizes a landlord to request a tenant provide the contact information of a person authorized to retrieve and store the tenant's property if the tenant is incapacitated.
3. Authorizes a landlord to deem a deceased or incapacitated tenant's animal abandoned and remove the animal to a shelter or boarding facility, if within one calendar day:
a) the landlord cannot contact the authorized person; or
b) the authorized person fails to respond within one calendar day.
4. Allows the landlord to release a deceased or incapacitated tenant's animal to a relative if:
a) the landlord was not provided an authorized person's contact information;
b) the provided contact information is no longer valid; or
c) the landlord is unable to contact the authorized person after one calendar day.
5. Specifies that regulations relating to release of a tenant's animal only apply if the tenant is deceased or otherwise incapacitated.
6. Titles the legislation as Matthew's Law.
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date.
House Action
COM 2/16/21 DPA 9-0-0-1
3rd Read 2/23/21 59-0-1
Prepared by Senate Research
March 8, 2021
LB/kja