ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: JUD DP 5-2-0-0 | 3rd Read 18-8-4-0-0

SB 1129: transient occupants; property; removal

Sponsor: Senator Rogers, LD 7

Committee on Judiciary

Overview

Adds a new section of statute deeming a transient occupant's failure to leave a residential dwelling under certain circumstances to be unlawful and prescribing liability and remedies.

History

The criminal code includes multiple forms of criminal trespass offenses, some of which might involve residential property. For example, a person can commit criminal trespass in the third degree, a class 3 misdemeanor, by knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry (A.R.S. § 13-1502). Additionally, one form of criminal trespass in the first degree involves a person who knowingly enters or remains unlawfully in or on a residential structure, which is a class 1 misdemeanor (A.R.S. § 13-1504).

The Arizona Residential Landlord and Tenant Act (ARLTA), codified at A.R.S. title 33, chapter 10 (A.R.S. §§ 33-1301 through 33-1381), governs the relationship between tenants and landlords under residential leases in the state of Arizona, including prescribing their respective rights and obligations and providing remedies for noncompliance.

A.R.S. title 12, chapter 8, article 4 (A.R.S. §§ 12-1171 through 12-1183), relating to forcible entry and detainer, generally provides remedies for obtaining possession of premises that are unlawfully withheld by a tenant. The chapter delineates the specific acts that constitute forcible entry and detainer and prescribes processes for an aggrieved party to obtain judicial recourse through a forcible entry or detainer action.   

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDeems a transient occupant of a residential dwelling who receives a written direction to leave the premises from the person who is entitled to possession of the property to be an unlawful occupant of the property. (Sec. 1)

2.   Subjects a transient occupant who fails to leave the premises after receiving a written directive to do so to removal by a law enforcement officer as prescribed below or by an order of a court in a forcible detainer action pursuant to A.R.S. title 12, chapter 8, article 4. (Sec. 1)

3.   Allows a person who is entitled to possession of property that is occupied by a transient occupant to submit a sworn affidavit to a law enforcement officer and prescribes the information that must be included in the affidavit. (Sec. 1)

4.   Authorizes a law enforcement officer, after receiving an affidavit as described above, to direct the transient occupant to surrender possession of the residential property and deems it a trespass offense for a person to fail or refuse to surrender possession of the property as directed by the law enforcement officer. (Sec. 1)

5.   Permits a person who is wrongfully removed from a premises to file an action and recover damages for forcible entry and detainer against the person who claims the right to possession of the property. (Sec. 1)

6.   Defines a transient occupant and specifies that the definition does not include a tenant as defined in ARLTA. (Sec. 1)

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10.                    SB 1129

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