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

House Engrossed

Overview

Provides circumstances for which a tenant's eviction case must be sealed.

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).

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProvisions

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

2.   Directs the court to seal an eviction case on the filing of the tenant's and landlord's written stipulation to set aside the eviction order. (Sec. 1)

3.   Outlines persons to whom the tenant's sealed case records must be available. (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 the sealed records requirements to a tenant whose case is dismissed or ruled in the tenant's favor from the effective date of this act. (Sec. 2)

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9.                     HB 2485

10.  Initials PRB/JL      Page 0 House Engrossed

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