|
REFERENCE TITLE: landlord tenant act; application fees |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HB 2243 |
|
|
|
Introduced by Representative Blackman
|
AN ACT
amending title 33, chapter 10, article 1, Arizona Revised Statutes, by adding section 33-1320; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 10, article 1, Arizona Revised Statutes, is amended by adding section 33-1320, to read:
33-1320. Landlord rental application fees; disclosure; limitations; liability; definition
A. Before requesting a rental application fee or screening information from a prospective tenant, a landlord shall disclose in writing to the prospective tenant the following information:
1. The amount and purpose of any rental application fee, including a disclosure of the landlord's anticipated expenses for which the fee will be used, or an itemization of the landlord's actual expenses incurred.
2. The types of information that will be accessed to conduct a tenant screening, including the name of any credit or consumer reporting agency that will be contacted.
3. Any specific criteria that will result in an automatic denial of the prospective tenant's rental application.
B. A landlord may not charge a prospective tenant a rental application fee if any of the following applies:
1. The landlord does not intend to use the entire amount of the fee to cover the landlord's actual expenses in processing the rental application.
2. The rental application fee is a different amount than a rental application fee charged to another prospective tenant who applies to rent either:
(a) The same dwelling unit.
(b) If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord.
3. The landlord knows or should know that a rental unit is not available at the time the prospective tenant submits a rental application or will not be available within a reasonable future time of when the prospective tenant submits a rental application.
C. A landlord that charges a prospective tenant a rental application fee shall:
1. PROVIDE the prospective tenant with a written or electronic receipt for any rental application fee received.
2. Remit to the prospective tenant any portion of the rental application fee that exceeds the landlord's actual expenses in processing the application within fourteen calendar DAYS after processing the application.
D. A landlord may not approve or deny a prospective tenant's rental application without reviewing the prospective tenant's rental application and conducting an individualized assessment of the PROSPECTIVE tenant based on uniform tenant SCREENING criteria.
E. A landlord that violates this section is liable for treble damages plus court costs and reasonable attorney fees. This section DOES not limit the right of an aggrieved person to recover damages under any other applicable law.
F. For the purposes of this section, "rental application fee":
1. means any sum of money, however denominated, that is CHARGED or accepted by a landlord from a prospective tenant in connection with the prospective tenant's submission of a rental application, including any BACKGROUND check, consumer report or credit screening of a prospective tenant or any nonrefundable fee that precedes the ONSET of tenancy.
2. Does not include a refundable security deposit or any rent that is paid before the ONSET of tenancy.