HB 2137 creates a new process for property owners to remove occupants from residential properties without a formal eviction lawsuit, directly affecting landlords and occupants in Arizona. Owners or agents can submit a sworn affidavit proving no lease, no recent rent payments, 48-hour notice to vacate, and no ongoing legal disputes, allowing local law enforcement to order removal within 48 hours if the occupant doesn’t leave. Occupants can challenge removals in court by showing evidence of lawful tenancy (e.g., lease, utility bills, payment records), and courts can order reinstatement, damages, and attorney fees if removal was wrongful. The bill also updates criminal trespass laws to clarify penalties for unlawful occupancy and ensures law enforcement can act under this procedure without violating tenant rights under existing housing laws.
HB 2863 clarifies Arizona's eviction rules by setting specific timeframes for tenants to address lease violations: 5 days to pay overdue rent or fix health/safety issues, and 10 days for other breaches. It states that material falsification of rental application details - such as criminal history, income, or occupancy - cannot be corrected and leads directly to eviction. Landlords can seek compensation for damages, fees, and court costs from tenants who breach agreements, and must follow strict procedures for disconnecting utilities and handling tenant personal property after eviction. The bill directly affects all renters and landlords in Arizona by standardizing these eviction and property handling processes.
