ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House:  COM DPA 9-1-0-0

HB 2485: eviction dismissal; sealed records

Sponsor: Representative Wilmeth, LD 15

Caucus & COW

Overview

Requires eviction case records to be sealed in cases where the case is dismissed or ruled in favor of the tenant.

History

If a tenant is in material noncompliance with their rental agreement, a landlord may deliver a written notice to the tenant stating the actions that constituted a breach of the contract and the contract will terminate in ten days if the breach is not remedied. In the case of a removal due to health and safety, the contract terminates five days after notice if not remedied (A.R.S. § 33-1368).

Provisions

1.   Requires the court to order records relating to eviction cases be sealed in cases where the action for eviction is dismissed or the case is ruled in favor of the tenant. (Sec. 1)

2.   Permits the court to order the sealing of an eviction case on:

a)   The filing of a written stipulation by the landlord and the tenant setting aside the eviction order; or

b)   A motion by the tenant and decision by the court, if the court finds the eviction should be set aside according to rule. (Sec. 1)

3.   Requires the tenant's sealed case records be available to:

a)   The person whose records are sealed and certain attorneys; or

b)   The court or clerk of the court, except that sealed case may not be sold or released to a third party. (Sec. 1)

4.   Specifies the sealed records requirements apply to all records maintained by the court relating to:

a)   An action for summary eviction;

b)   A forcible entry and detainer action; or

c)   A special detainer action. (Sec. 1)

5.   Applies prospectively from the effective date of this act. (Sec. 2)

Amendments

Committee on Commerce

1.   Requires, rather than permits, the court to seal the eviction case on the filing of the landlord's and tenant's written stipulation.

2.   Removes the court's ability to order an eviction case be sealed on a motion by the tenant and decision by the court.

3.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteMakes clarifying changes.

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7.                     HB 2485

8.   Initials PRB/JL      Page 0 Caucus & COW

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