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AZ Residential Landlord and Tenant Act - Revised July 3 2015
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ARIZONA RESIDENTIAL
LANDLORD AND TENANT ACT
Revised July 3, 2015
1110 W. Washington, Suite 310 | Phoenix, AZ 85007 | www.housing.az.gov
Arizona Residential Landlord and Tenant Act
An Arizona Department of Housing Publication
A.R.S. Title 33, Chapter 10 and
Other Pertinent Statutes
Title 33. Property, Chapter 10. Residential Landlord and Tenant Act
Article 1. General Provisions
Article 2. Landlord Obligations
Article 3. Tenant Obligations
Article 4. Remedies
Article 5. Retaliatory Action
Title 33. Property, Chapter 17. Residential Rental Property
Title 9. Cities and Towns, Chapter 12. Residential Rental Inspection Programs
Pertaining to Hotels and Innkeepers
Title 33. Property, Chapter 3. Landlord and Tenant
Article 1. Obligations and Liabilities of Landlord
Article 2. Obligations and Liabilities of Tenant
Article 3. Termination of Tenancies
Article 4. Remedies of Landlord
Article 5. Applicability of Chapter
Title 12 Courts and Civil Proceedings, Chapter 8. Special Actions and Proceedings
Relating to Property
Article 4. Forcible Entry
Arizona Revised Statute
Chapter 10 Arizona Residential Landlord and Tenant Act
Article 1 General Provisions
Supplementary principles of law applicable
Applicability of chapter
Administration of remedies; enforcement
Settlement of disputed claim or right
Territorial application
Exclusions from application of chapter
Jurisdiction and service of process
General definitions
Obligation of good faith
Unconscionability
Terms and conditions of rental agreement
Utility charges; submetering; ratio utility billing; allocation; water system
Prohibited provisions in rental agreements
Separation of rents and obligations to maintain property forbidden
Discrimination by landlord or lessor against tenant with children prohibited;
classification; exceptions; civil remedy; applicability
Early termination by tenant for domestic violence; conditions; lock
replacement; access refusal; treble damages; immunity
Early release termination for law enforcement officers; definition
Bedbug control; landlord and tenant obligations; definitions
Article 2 Landlord Obligations
Security deposits
Disclosure and tender of written rental agreement
Landlord to supply possession of dwelling unit
Landlord to maintain fit premises
Regulation of rents; authority
Transfer of records on sale
Notice of foreclosure; effect on lease; damages
Article 3 Tenant Obligations
Tenant to maintain dwelling unit
Tenant to use and occupy as a dwelling unit
Article 4 Remedies
Noncompliance by the landlord
Failure to deliver possession
Self-help for minor defects
Wrongful failure to supply heat, air conditioning, cooling, water, hot water or
Landlord's noncompliance as defense to action for possession or rent;
Fire or casualty damage
Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of
Noncompliance with rental agreement by tenant; failure to pay rent; utility
discontinuation; liability for guests; definition
Failure to maintain
Abandonment; notice; remedies; personal property; definition
Acceptance of partial payments
Landlord liens; distraint for rent
Remedy after termination
Recovery of possession limited
Periodic tenancy; hold-over remedies
Landlord and tenant remedies for abuse of access
Special detainer actions; service; trial postponement
Article 5 Retaliatory Actions
Retaliatory conduct prohibited
33-1301. Short title
This chapter shall be known and may be cited as the Arizona residential landlord and tenant act.
33-1302. Purposes
Underlying purposes and policies of this chapter are:
1. To simplify, clarify, modernize and revise the law governing the rental of dwelling units and
the rights and obligations of landlord and tenant.
2. To encourage landlord and tenant to maintain and improve the quality of housing.
33-1303. Supplementary principles of law applicable
Unless displaced by the provisions of this chapter, the principles of law and equity, including the
law relating to capacity to contract, mutuality of obligations, principal and agent, real property,
public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion,
mistake, bankruptcy or other validating or invalidating cause supplement its provisions.
33-1304. Applicability of chapter
This chapter shall apply to the rental of dwelling units. Any conflict between the provisions of
chapter 3 and chapter 7 of this title with the provisions of this chapter shall be governed by the
provisions of this chapter.
33-1305. Administration of remedies; enforcement
A. The remedies provided by this chapter shall be so administered that the aggrieved party may
recover appropriate damages. The aggrieved party has a duty to mitigate damages.
B. Any right or obligation declared by this chapter is enforceable by action unless the provision
declaring it specifies a different and limited effect.
33-1306. Settlement of disputed claim or right
A claim or right arising under this chapter or on a rental agreement, if disputed in good faith,
may be settled by agreement.
33-1307. Territorial application
This chapter applies to, regulates, and determines rights, obligations and remedies under a rental
agreement, wherever made, for a dwelling unit located within this state.
33-1308. Exclusions from application of chapter
Unless created to avoid the application of this chapter, the following arrangements are not
covered by this chapter:
1. Residence at an institution, public or private, if incidental to detention, the provision of
medical, educational, counseling or religious services or the provision of a social service
program that is provided by a social service provider. For the purposes of this paragraph, "social
service provider" means a private entity that directly assists an individual or family in obtaining
housing and that offers to provide the individual or family with assistance in obtaining
employment, child care, health care, education, skills training, transportation, counseling or any
other related service.
2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if
the occupant is the purchaser or a person who succeeds to his interest.
3. Occupancy by a member of a fraternal or social organization in the portion of a structure
operated for the benefit of the organization.
4. Transient occupancy in a hotel, motel or recreational lodging.
5. Occupancy by an employee of a landlord as a manager or custodian whose right to occupancy
is conditional upon employment in and about the premises.
6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a
cooperative.
7. Occupancy in or operation of public housing as authorized, provided or conducted under or
pursuant to title 36, chapter 12, or under or pursuant to any federal law or regulation.
33-1309. Jurisdiction and service of process
A. The appropriate court of this state may exercise jurisdiction over any landlord with respect to
any conduct in this state governed by this chapter or with respect to any claim arising from a
transaction subject to this chapter. In addition to any other method provided by rule or by statute,
personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in
the appropriate court by the service of process in the manner provided by this section.
B. If a landlord is not a resident of this state or is a corporation not authorized to do business in
this state and engages in any conduct in this state governed by this chapter, or engages in a
transaction subject to this chapter, he may designate an agent upon whom service of process may
be made in this state. The agent shall be a resident of this state or a corporation authorized to do
business in this state. The designation shall be in writing and filed with the secretary of state. If
no designation is made and filed or if process cannot be served in this state upon the designated
agent, process may be served upon the secretary of state, but the plaintiff or petitioner shall
forthwith mail a copy of the process and pleading by registered or certified mail to the defendant
or respondent at his last reasonably ascertained address. In the event there is no last reasonably
ascertainable address and if the defendant or respondent has not complied with section 33-1322,
subsections A and B, then service upon the secretary of state shall be sufficient service of
process without the mailing of copies to the defendant or respondent. Service of process shall be
deemed complete and the time shall begin to run for the purposes of this section at the time of
service upon the secretary of state. The defendant shall appear and answer within thirty days
after completion thereof in the manner and under the same penalty as if he had been personally
served with the summons. An affidavit of compliance with this section shall be filed with the
clerk of the court on or before the return day of the process, if any, or within any further time the
court allows. Where applicable, the affidavit shall contain a statement that defendant or
respondent has not complied with section 33-1322, subsections A and B.
33-1310. General definitions
Subject to additional definitions contained in subsequent articles of this chapter which apply to
specific articles thereof, and unless the context otherwise requires, in this chapter:
1. "Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in
which rights are determined, including an action for possession.
2. "Building and housing codes" include any law, ordinance or governmental regulation
concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or
appearance of any premises, or dwelling unit.
3. "Delivery of possession" means returning dwelling unit keys to the landlord and vacating the
premises.
4. "Dwelling unit" means a structure or the part of a structure that is used as a home, residence,
or sleeping place by one person who maintains a household or by two or more persons who
maintain a common household. "Dwelling unit" excludes real property used to accommodate a
mobile home, unless the mobile home is rented or leased by the landlord.
5. "Good faith" means honesty in fact in the conduct or transaction concerned.
6. "Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which
it is a part, and it also means a manager of the premises who fails to disclose as required by
section 33-1322.
7. "Organization" includes a corporation, government, governmental subdivision or agency,
business trust, estate, trust, partnership or association, two or more persons having a joint or
common interest and any other legal or commercial entity which is a landlord, owner, manager
or constructive agent pursuant to section 33-1322.
8. "Owner" means one or more persons, jointly or severally, in whom is vested all or part of the
legal title to property or all or part of the beneficial ownership and a right to present use and
enjoyment of the premises. The term includes a mortgagee in possession.
9. "Person" means an individual or organization.
10. "Premises" means a dwelling unit and the structure of which it is a part and existing facilities
and appurtenances therein, including furniture and utilities where applicable, and grounds, areas
and existing facilities held out for the use of tenants generally or whose use is promised to the
tenant.
11. "Rent" means payments to be made to the landlord in full consideration for the rented
12. "Rental agreement" means all agreements, written, oral or implied by law, and valid rules and
regulations adopted under section 33-1342 embodying the terms and conditions concerning the
use and occupancy of a dwelling unit and premises.
13. "Roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen
facility, in a structure where one or more major facilities are used in common by occupants of the
dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or
either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink.
14. "Security" means money or property given to assure payment or performance under a rental
agreement. "Security" does not include a reasonable charge for redecorating or cleaning.
15. "Single family residence" means a structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a
single family residence if it has direct access to a street or thoroughfare and shares neither
heating facilities, hot water equipment nor any other essential facility or service with any other
dwelling unit.
16. "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the
exclusion of others.
17. "Term of lease" means the initial term or any renewal or extension of the written rental
agreement currently in effect not including any wrongful holdover period.
33-1311. Obligation of good faith
Every duty under this chapter and every act which must be performed as a condition precedent to
the exercise of a right or remedy under this chapter imposes an obligation of good faith in its
performance or enforcement.
33-1312. Unconscionability
A. If the court, as a matter of law, finds either of the following:
1. A rental agreement or any provision thereof was unconscionable when made, the court may
refuse to enforce the agreement, enforce the remainder of the agreement without the
unconscionable provision, or limit the application of any unconscionable provision to avoid an
unconscionable result.
2. A settlement in which a party waives or agrees to forego a claim or right under this chapter or
under a rental agreement was unconscionable at the time it was made, the court may refuse to
enforce the settlement, enforce the remainder of the settlement without the unconscionable
provision, or limit the application of any unconscionable provision to avoid any unconscionable
result.
B. If unconscionability is put into issue by a party or by the court upon its own motion the parties
shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and
effect of the rental agreement or settlement to aid the court in making the determination.
33-1313. Notice
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or
notification of it or from all the facts and circumstances known to him at the time in question he
has reason to know that it exists. A person "knows" or "has knowledge" of a fact if he has actual
knowledge of it.
B. A person "notifies" or "gives" a notice or notification to another by taking steps reasonably
calculated to inform the other in ordinary course whether or not the other actually comes to know
of it. A person "receives" a notice or notification when it comes to his attention, or in the case of
the landlord, it is delivered in hand or mailed by registered or certified mail to the place of
business of the landlord through which the rental agreement was made or at any place held out
by him as the place for receipt of the communication or delivered to any individual who is
designated as an agent by section 33-1322 or, in the case of the tenant, it is delivered in hand to
the tenant or mailed by registered or certified mail to him at the place held out by him as the
place for receipt of the communication or, in the absence of such designation, to his last known
place of residence. If notice is mailed by registered or certified mail, the tenant or landlord is
deemed to have received such notice on the date the notice is actually received by him or five
days after the date the notice is mailed, whichever occurs first.
C. "Notice," knowledge or a notice or notification received by an organization is effective for a
particular transaction from the time it is brought to the attention of the individual conducting the
transaction and in any event from the time it would have been brought to his attention if the
organization had exercised reasonable diligence.
33-1314. Terms and conditions of rental agreement
A. The landlord and tenant may include in a rental agreement terms and conditions not
prohibited by this chapter or any other rule of law including rent, term of the agreement and
other provisions governing the rights and obligations of the parties.
B. In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the
use and occupancy of the dwelling unit.
C. Rent shall be payable without demand or notice at the time and place agreed upon by the
parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable
at the beginning of any term of one month or less and otherwise in equal monthly installments at
the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable
from day-to-day.
D. Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case
of a roomer who pays weekly rent, and in all other cases month-to-month.
E. If a municipality that levies a transaction privilege tax on residential rent changes the
percentage of that tax, the landlord on thirty days' written notice to the tenant may adjust the
amount of rent due to equal the difference caused by the new percentage amount of the tax. The
adjustment to rent shall not occur before the date upon which the new tax is effective. In order
for a landlord to adjust rent pursuant to this subsection, the landlord's right to adjust rent pursuant
to this subsection shall be disclosed in the rental agreement.
F. Notwithstanding section 14-3911, the landlord may request and the tenant may provide and
routinely update the name and contact information of a person who is authorized by the tenant to
enter the tenant's dwelling unit to retrieve and store the tenant's property if the tenant dies. If the
landlord is unable to contact the authorized person at the address and telephone number provided
to the landlord by the tenant or the authorized person fails to respond to the landlord's request
within ten days of initial written contact, the landlord may dispose of the property as prescribed
in section 33-1370. Before removing any of the tenant's personal property, the authorized person
shall present to the landlord a valid government issued identification that confirms the identity of
the authorized person. The authorized person shall have twenty days from the date of initial
written contact by the landlord or the last date for which rent is paid, whichever is longer, to
remove items from the rental property and return keys to the landlord during regular business
hours. If the landlord allows an authorized person to enter the property to remove the tenant's
personal possessions as prescribed by this subsection, the landlord has no further liability to the
tenant, the tenant's estate or the tenant's heirs for lost, damaged or stolen items. If the tenant's
personal property is not entirely removed from the rental unit by an authorized person, the
landlord may dispose of the property as prescribed in section 33-1370. This subsection shall only
apply if the periodic rent is unpaid and outstanding for at least five days.
33-1314.01. Utility charges; submetering; ratio utility billing; allocation; water system
A. A landlord may charge separately for gas, water, wastewater, solid waste removal or
electricity by installing a submetering system or by allocating the charges separately through a
ratio utility billing system.
B. If a landlord charges separately for a utility pursuant to subsection A, the landlord may
recover the charges imposed on the landlord by the utility provider plus an administrative fee for
the landlord for actual administrative costs only. The landlord shall not impose any additional
charges. The rental agreement shall contain a disclosure that lists the utility services that are
charged separately and shall specify the amount of any administrative fee that is associated with
submetering or the use of a ratio utility billing system.
C. If provided in the rental agreement, the landlord may impose a submetering system or ratio
utility billing system during the term of a rental agreement if the landlord provides notice as
prescribed by subsection G.
D. If a landlord is not in compliance with subsection B, the tenant shall first object in writing to
the landlord regarding the utility billing. If the dispute is not resolved, the tenant may file a civil
complaint in justice court to enforce this section.
E. If a landlord uses an allocation or submetering system, the bill format for each billing period
shall:
1. Separately state the cost of the charges for the period together with the opening and the closing
meter readings and the dates of the meter readings.
2. Show the amount of any administrative fee charged.
F. If a landlord does not use a submetering system and allocates charges separately for gas,
water, wastewater, solid waste removal or electricity, the landlord may allocate the costs to each
tenant by using one or more of the following ratio utility billing system methods:
1. Per tenant.
2. Proportionately by livable square footage.
3. Per type of unit.
4. Per number of water fixtures.
5. For water and wastewater, by use of an individually submetered hot water usage measure for
the tenant's dwelling unit.
6. Any other method that fairly allocates the charges and that is described in the tenant's rental
G. If a landlord uses a ratio utility billing system method pursuant to subsection F, the rental
agreement shall contain a specific description of the ratio utility billing method used to allocate
utility costs. For any existing tenancies, the landlord shall provide at least ninety days' notice to
the tenant before the landlord begins using a submetering system or allocating costs through a
H. For purposes of regulating apartment communities as public or consecutive water systems, the
department of environmental quality shall not adopt rules pursuant to title 49, chapter 2, article 9
that are more stringent than those authorized by federal law. Without other evidence of activities
that are subject to regulation under title 49, chapter 2, article 9, the department of environmental
quality shall not use an apartment community's use of a submetering system or a ratio utility
billing system as the sole basis for regulating an apartment community as a public or consecutive
water system.
33-1315. Prohibited provisions in rental agreements
A. A rental agreement shall not provide that the tenant does any of the following:
1. Agrees to waive or to forego rights or remedies under this chapter.
2. Agrees to pay the landlord's attorney fees, except an agreement in writing may provide that
attorney fees may be awarded to the prevailing party in the event of court action and except that
a prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees
pursuant to section 12-341.01 regardless of whether the rental agreement provides for such an
award.
3. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to
indemnify the landlord for that liability or the costs connected therewith.
4. Agrees to waive or limit the tenant's right to summon or any other person's right to summon a
peace officer or other emergency assistance in response to an emergency.
5. Agrees to payment of monetary penalties or otherwise penalizes the tenant for the tenant
summoning or for any other person summoning a peace officer or other emergency assistance in
response to an emergency.
B. A provision that is prohibited by subsection A of this section and that is included in a rental
agreement is unenforceable. If a landlord deliberately uses a rental agreement containing
provisions known by the landlord to be prohibited, the tenant may recover actual damages
sustained by the tenant and not more than two months' periodic rent.
C. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1368.
33-1316. Separation of rents and obligations to maintain property forbidden
A rental agreement, assignment, conveyance, trust deed or security instrument may not permit
the receipt of rent free of the obligation to comply with section 33-1324, subsection A.
33-1317. Discrimination by landlord or lessor against tenant with children prohibited;
A. A person who knowingly refuses to rent to any other person a place to be used for a dwelling
for the reason that the other person has a child or children, or who advertises in connection with
the rental a restriction against children, either by the display of a sign, placard or written or
printed notice, or by publication thereof in a newspaper of general circulation, is guilty of a petty
B. No person shall rent or lease his property to another in violation of a valid restrictive covenant
against the sale of such property to persons who have a child or children living with them.
C. No person shall rent or lease his property to persons who have a child or children living with
them when his property meets the definition of housing for older persons in section 41-1491.04.
D. A person who knowingly rents or leases his property in violation of the provisions of
subsection B or C of this section is guilty of a petty offense.
E. A person whose rights under this section have been violated may bring a civil action against a
person who violates this section for all of the following:
1. Injunctive or declaratory relief to correct the violation.
2. Actual damages sustained by the tenant or prospective tenant.
3. A civil penalty of three times the monthly rent of the housing accommodation involved in the
violation if the violation is determined to be intentional.
4. Court costs and reasonable attorney fees.
F. Nothing in this section shall prohibit a person from refusing to rent a dwelling by reason of
reasonable occupancy standards established by the owner or the owner's agent which apply to
persons of all ages, and which have been adopted and published before the event in issue. An
occupancy limitation of two persons per bedroom residing in a dwelling unit shall be presumed
reasonable for this state and all political subdivisions of this state.
G. Subsection B of this section applies only to dwellings occupied or intended to be occupied by
no more than four families living independently of each other and in which the owner maintains
and occupies one of the living quarters as the owner's residence.
33-1318. Early termination by tenant for domestic violence; conditions; lock replacement; access
refusal; treble damages; immunity
A. A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the
landlord written notice pursuant to this section that the tenant is the victim of domestic violence
as defined in section 13-3601. The tenant's rights and obligations under the rental agreement are
terminated and the tenant shall vacate the dwelling and avoid liability for future rent and shall
not incur early termination penalties or fees if the tenant provides to the landlord a written notice
requesting release from the rental agreement with a mutually agreed on release date within the
next thirty days, accompanied by any one of the following:
1. A copy of any protective order issued pursuant to section 13-3602 to a tenant who is a victim
of domestic violence. A landlord may also request a receipt or signed statement that the order of
protection has been submitted to an authorized officer of a court for service.
2. A copy of a written departmental report from a law enforcement agency that states that the
tenant notified the law enforcement agency that the tenant was a victim of domestic violence.
B. A landlord may request from the victim the name and address of the person named in an order
of protection or a departmental report pursuant to subsection A of this section, in writing, if
known by the victim.
C. The tenant may terminate the rental agreement pursuant to this section only if the actions,
events or circumstances that resulted in the tenant being a victim of domestic violence as defined
in section 13-3601 occurred within the thirty day period immediately preceding the written
notice of termination to the landlord, unless waived by the landlord.
D. If the tenant terminates the rental agreement as prescribed by this section and if the tenant is
solely or jointly liable on the rental agreement, the tenant is liable only for rent owed or paid
through the date of the lease termination plus any previous obligations outstanding on that date.
The amount due from the tenant shall be paid to the landlord on or before the date the tenant
vacates the dwelling. If the tenant has prepaid rent that would apply for the month in which the
lease is terminated, the landlord may retain the prepaid rent and no refund is due to the tenant. If
the tenant has paid a security deposit pursuant to section 33-1321, the security deposit shall not
be withheld for the early termination of the lease if the tenant meets the requirements prescribed
by subsection A of this section, but may be withheld for payment of damages which the landlord
has suffered by reason of the tenant's noncompliance with section 33-1341.
E. A tenant who is a victim of domestic violence may require the landlord to install a new lock to
the tenant's dwelling if the tenant pays for the cost of installing the new lock. A landlord may
comply with this requirement by doing either of the following:
1. Rekeying the lock if the lock is in good working condition.
2. Replacing the entire locking mechanism with a locking mechanism of equal or better quality
than the lock being replaced.
F. A landlord who installs a new lock at the tenant's request may retain a copy of the key that
opens the new lock. Notwithstanding any provision in the rental agreement, the landlord may
refuse to provide a key that opens the new lock to the person named in an order of protection or a
departmental report pursuant to subsection A of this section.
G. A landlord shall refuse to provide access to the dwelling to reclaim property to any tenant if
the tenant is the person named in an order of protection or a departmental report pursuant to
subsection A of this section who has been served with an order of protection naming that tenant
as the defendant and the landlord has received a copy of the order of protection, unless a law
enforcement officer escorts the tenant into and out of the dwelling.
H. A tenant who terminates a lease pursuant to this section and who is convicted of falsely filing
a departmental report or order or protection for domestic violence is liable to the landlord for
treble damages for premature termination of the lease.
I. A person named in an order of protection or a departmental report pursuant to subsection A of
this section who provokes an early lease termination under this section is deemed to have
interfered with the residential rental agreement between the landlord and tenant regardless of
whether the person named in an order of protection or a departmental report pursuant to
subsection A of this section is a party to the rental agreement, and the person named in an order
of protection or a departmental report pursuant to subsection A of this section may be civilly
liable for all economic losses incurred by a landlord for the domestic violence early lease
termination. This civil liability includes unpaid rent, early lease termination fees, costs to repair
damage to the premises and any reductions or waivers of rent previously granted to the tenant
who was the victim of domestic violence.
J. If there are multiple tenants who are parties to a rental agreement that has been terminated
under this section, the tenancy for those tenants also terminates. The tenants who are not the
victims of domestic violence, excluding the person named in an order of protection or a
departmental report pursuant to subsection A of this section that caused the termination of the
lease pursuant to this section, may be released from any financial obligations due under the
previously existing rental agreement and the remaining tenants may be permitted to enter into a
new lease with the landlord if the tenants meet all current application requirements.
K. An emergency order of protection or a protective order that is issued to a resident of a rental
property automatically applies to the entire residential rental property in which the tenant has a
rental agreement.
L. This section shall not be construed to limit a landlord's right to terminate a lease pursuant to
section 33-1368 against the victim for actions unrelated to the act of domestic violence.
M. A landlord is not liable for any actions taken in good faith pursuant to this section.
33-1318.01. Early release termination for law enforcement officers; definition
A. A law enforcement officer may terminate a rental agreement in the same manner established
in section 33-1318 if the law enforcement officer provides to the landlord a written notice that
the law enforcement officer is protected under an injunction against harassment issued pursuant
to section 12-1809 and the injunction against harassment was issued within the thirty-day period
immediately preceding lawful notice to the landlord, unless waived by the landlord.
B. If the law enforcement officer received any lease concession or benefit, the concession or
benefit actually received or used shall be repaid to the landlord before vacating the dwelling.
C. All other rights, remedies and obligations provided in section 33-1318 apply to the landlord
and the law enforcement officer.
D. For the purposes of this section, "law enforcement officer" has the same meaning prescribed
in section 38-1101.
33-1319. Bedbug control; landlord and tenant obligations; definitions
A. A landlord has the following obligations with respect to a bedbug infestation:
1. The landlord shall provide bedbug educational materials to existing and new tenants.
Educational materials may include:
(a) A description of measures that may be taken to prevent and control bedbugs.
(b) Information about bedbugs, including a description of their appearance.
(c) A description of behaviors that are risk factors for attracting bedbugs such as purchasing
renovated mattresses, using discarded mattresses and furniture, using used or leased furniture,
purchasing pre-owned clothing and traveling without proper precautions.
(d) Information provided by the United States centers for disease control and prevention and
other federal, state or local health agencies.
(e) Information provided by federal, state or local housing agencies.
(f) Information provided by nonprofit housing organizations.
(g) Information developed by the landlord.
2. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the
landlord knows to have a current bedbug infestation.
B. A tenant has the following obligations with respect to a bedbug infestation:
1. The tenant shall not knowingly move materials into a dwelling unit that are infested with
bedbugs.
2. A tenant who knows of the presence of bedbugs shall provide the landlord written or
electronic notification of the presence of bedbugs.
C. This section does not limit any other rights, remedies and obligations under this chapter.
D. The landlord and tenant of a single family residence are excluded from the provisions of this
E. Except as specifically provided in this section, this section does not create a cause of action
against:
1. A landlord or a landlord's employees, officers, agents and directors by a tenant or a tenant's
guests for any damages caused by bedbugs.
2. A tenant by a landlord for any damages caused by bedbugs.
F. For the purposes of this section:
1. "Bedbugs" means any insect in the genus cimex and its eggs.
2. "Infestation" or "infested" means that the presence of bedbugs is sufficient to materially affect
the health and safety of tenants and their guests.
33-1321. Security deposits
A. A landlord shall not demand or receive security, however denominated, including, but not
limited to, prepaid rent in an amount or value in excess of one and one-half month's rent. This
subsection does not prohibit a tenant from voluntarily paying more than one and one-half
month's rent in advance.
B. The purpose of all nonrefundable fees or deposits shall be stated in writing by the landlord.
Any fee or deposit not designated as nonrefundable shall be refundable.
C. With respect to tenants who first occupy the premises or enter into a new written rental
agreement after January 1, 1996, upon move in a landlord shall furnish the tenant with a signed
copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and
written notification to the tenant that the tenant may be present at the move-out inspection. Upon
request by the tenant, the landlord shall notify the tenant when the landlord's move-out
inspection will occur. If the tenant is being evicted for a material and irreparable breach and the
landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the
landlord has no obligation to conduct a joint move-out inspection with the tenant.
D. Upon termination of the tenancy, property or money held by the landlord as prepaid rent and
security may be applied to the payment of all rent, and subject to a landlord's duty to mitigate, all
charges as specified in the signed lease agreement, or as provided in this chapter, including the
amount of damages which the landlord has suffered by reason of the tenant's noncompliance
with section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other legal
holidays, after termination of the tenancy and delivery of possession and demand by the tenant
the landlord shall provide the tenant an itemized list of all deductions together with the amount
due and payable to the tenant, if any. Unless other arrangements are made in writing by the
tenant, the landlord shall mail the itemized list and any amount due, by first class mail, to the
tenant's last known place of residence.
E. If the landlord fails to comply with subsection D of this section the tenant may recover the
property and money due the tenant together with damages in an amount equal to twice the
amount wrongfully withheld.
F. This section does not preclude the landlord or tenant from recovering other damages to which
the landlord or tenant may be entitled under this chapter.
G. During the term of tenancy the landlord may use refundable security deposits or other
refundable deposits in accordance with any applicable provisions of the property management
agreement. At the end of tenancy, all refundable deposits shall be refunded to the tenant pursuant
to this section.
H. The holder of the landlord's interest in the premises at the time of the termination of the
tenancy is bound by this section.
33-1322. Disclosure and tender of written rental agreement
A. The landlord or any person authorized to enter into a rental agreement on his behalf shall
disclose to the tenant in writing at or before the commencement of the tenancy the name and
address of each of the following:
1. The person authorized to manage the premises.
2. An owner of the premises or a person authorized to act for and on behalf of the owner for the
purpose of service of process and for the purpose of receiving and receipting for notices and
demands.
B. At or before the commencement of the tenancy, the landlord shall inform the tenant in writing
that the Arizona residential landlord and tenant act is available on the Arizona department of
housing's website.
C. The information required to be furnished by this section shall be kept current and refurnished
to a tenant upon the tenant's request. This section extends to and is enforceable against any
successor landlord, owner or manager.
D. A person who fails to comply with subsections A, B and C becomes an agent of each person
who is a landlord for the following purposes:
1. Service of process and receiving and receipting for notices and demands.
2. Performing the obligations of the landlord under this chapter and under the rental agreement
and expending or making available for the purpose all rent collected from the premises.
E. If there is a written rental agreement, the landlord must tender and deliver a signed copy of the
rental agreement to the tenant and the tenant must sign and deliver to the landlord one fully
executed copy of such rental agreement within a reasonable time after the agreement is executed.
A written rental agreement shall have all blank spaces completed. Noncompliance with this
subsection shall be deemed a material noncompliance by the landlord or the tenant, as the case
may be, of the rental agreement.
33-1323. Landlord to supply possession of dwelling unit
At the commencement of the term the landlord shall deliver possession of the premises to the
tenant in compliance with the rental agreement and section 33-1324. The landlord may bring an
action for possession against any person wrongfully in possession and may recover the damages
provided in section 33-1375, subsection C.
33-1324. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building codes materially affecting health and
safety as prescribed in section 9-1303.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and
habitable condition.
3. Keep all common areas of the premises in a clean and safe condition.
4. Maintain in good and safe working order and condition all electrical, plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances, including elevators,
supplied or required to be supplied by him.
5. Provide and maintain appropriate receptacles and conveniences for the removal of ashes,
garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for
their removal.
6. Supply running water and reasonable amounts of hot water at all times, reasonable heat and
reasonable air-conditioning or cooling where such units are installed and offered, when required
by seasonal weather conditions, except where the building that includes the dwelling unit is not
required by law to be equipped for that purpose or the dwelling unit is so constructed that heat,
air-conditioning, cooling or hot water is generated by an installation within the exclusive control
of the tenant and supplied by a direct public utility connection.
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty
imposed by any other paragraph of this section, the landlord's duty shall be determined by
reference to that paragraph.
C. The landlord and tenant of a single family residence may agree in writing, supported by
adequate consideration, that the tenant perform the landlord's duties specified in subsection A,
paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and
remodeling, but only if the transaction is entered into in good faith, not for the purpose of
evading the obligations of the landlord and the work is not necessary to cure noncompliance with
subsection A, paragraphs 1 and 2 of this section.
D. The landlord and tenant of any dwelling unit other than a single family residence may agree
that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only
1. The agreement of the parties is entered into in good faith and not for the purpose of evading
the obligations of the landlord and is set forth in a separate writing signed by the parties and
supported by adequate consideration.
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of
this section.
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the
33-1325. Limitation of liability
A. Unless otherwise agreed, a landlord, who conveys premises that include a dwelling unit
subject to a rental agreement in a good faith sale to a bona fide purchaser, is relieved of liability
under the rental agreement and this chapter as to events occurring subsequent to written notice to
the tenant of the conveyance. He remains liable to the tenant for any property and money to
which the tenant is entitled under section 33-1321.
B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of
liability under the rental agreement and this chapter as to events occurring after written notice to
the tenant of the termination of his management.
33-1329. Regulation of rents; authority
A. Notwithstanding any other provisions of law to the contrary the state legislature determines
that the imposition of rent control on private residential housing units by cities, including charter
cities, and towns is of statewide concern. Therefore, the power to control rents on private
residential property is preempted by the state. Cities, including charter cities, or towns shall not
have the power to control rents.
B. The provisions of subsection A shall not apply to residential property which is owned,
financed, insured or subsidized by any state agency, or by any city, including charter city, or
33-1330. Transfer of records on sale
On the sale or other transfer of an apartment community as defined in section 40-360.21, the
landlord shall deliver to the buyer or other transferee all available plans, drawings and records
pertaining to the location of all underground facilities in the property, all plans, drawings,
surveys and plats of the property, all records pertaining to tenant security deposits and complete
files for each tenant of the property at closing containing rental agreements and all other
documents and disclosures required by this chapter that are in the possession of the landlord. A
landlord who fails to deliver reasonably accurate and maintained installation records of active,
inactive and abandoned underground facilities installed after December 31, 2006 is liable for all
damages proximately caused by the failure, including all expenses incurred by successor
landlords to create such installation records.
33-1331. Notice of foreclosure; effect on lease; damages
A. If a rental agreement is entered into after the foreclosure action was initiated, the owner shall
include written notice of possible foreclosure with the rental agreement with the tenant. The
notice shall include a statement that is substantially in the following form:
This property is undergoing foreclosure. For more information on this action, you should contact
________________ (name, address and phone number of the court where the action is filed or
trustee, attorney or other responsible party).
A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this
property has been set for _________ (time, date and place) or no date for sale of this property
has been established.
B. If the owner receives a notice of trustee's sale or other notice of foreclosure on the property
after a tenant has entered into a rental agreement on the property, the owner shall provide the
tenant with written notice as prescribed in subsection A of this section within five business days
after receipt of the notice of trustee's sale. This subsection applies only to the first notice of
trustee's sale or the first notice of foreclosure received by the owner after the tenant has entered
into the rental agreement.
C. If the owner fails to provide notice as prescribed in this section the tenant may deliver a
written notice pursuant to section 33-1361 and recover damages and obtain injunctive relief. The
security deposit shall be returned to the tenant as prescribed in section 33-1321.
D. This section shall not apply to multifamily residential rental units consisting of four or more
connected units.
33-1341. Tenant to maintain dwelling unit
The tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of
building codes materially affecting health and safety.
2. Keep that part of the premises that he occupies and uses as clean and safe as the condition of
the premises permit.
3. Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe
manner.
4. Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their
condition permits.
5. Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, airconditioning and other facilities and appliances including elevators in the premises.
6. Not deliberately or negligently destroy, deface, damage, impair or remove any part of the
premises or knowingly permit any person to do so.
7. Conduct himself and require other persons on the premises with his consent to conduct
themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
8. Promptly notify the landlord in writing of any situation or occurrence that requires the
landlord to provide maintenance or make repairs or otherwise requires the landlord to take action
as prescribed in section 33-1324.
33-1342. Rules and regulations
A. A landlord, from time to time, may adopt rules or regulations, however described, concerning
the tenant's use and occupancy of the premises. Such rules or regulations are enforceable against
the tenant only if:
1. Their purpose is to promote the convenience, safety or welfare of the tenants in the premises,
preserve the landlord's property from abusive use or make a fair distribution of services and
facilities held out for the tenants generally.
2. They are reasonably related to the purpose for which adopted.
3. They apply to all tenants in the premises in a fair manner.
4. They are sufficiently explicit in prohibition, direction or limitation of the tenant's conduct to
fairly inform the tenant of what the tenant must or must not do to comply.
5. They are not for the purpose of evading the obligations of the landlord.
6. The tenant has notice of them at the time the tenant enters into the rental agreement.
B. A rule or regulation adopted after the tenant enters into the rental agreement is enforceable
against the tenant if a thirty day notice of its adoption is given to the tenant and it does not
constitute a substantial modification of the tenant's rental agreement.
C. If state, county, municipal or other governmental bodies adopt new ordinances, rules or other
legal provisions affecting existing rental agreements, the landlord may make immediate
amendments to lease agreements to bring them into compliance with the law. The landlord shall
give a tenant written notice that the tenant's lease agreement has been amended, and the notice
shall provide a brief description of the amendment and the effective date.
33-1343. Access
A. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling
unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or
improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workmen or contractors.
B. If the tenant notifies the landlord of a service request or a request for maintenance as
prescribed in section 33-1341, paragraph 8, the notice from the tenant constitutes permission
from the tenant for the landlord to enter the dwelling unit pursuant to subsection D of this section
for the sole purpose of acting on the service or maintenance request and the tenant waives receipt
of any separate or additional access notice that may be required pursuant to subsection D of this
C. The landlord may enter the dwelling unit without consent of the tenant in case of emergency.
D. The landlord shall not abuse the right to access or use it to harass the tenant. Except in case of
emergency or if it is impracticable to do so, the landlord shall give the tenant at least two days'
notice of the landlord's intent to enter and enter only at reasonable times.
E. The landlord has no other right of access except by court order and as permitted by sections
33-1369 and 33-1370, or if the tenant has abandoned or surrendered the premises.
33-1344. Tenant to use and occupy as a dwelling unit
Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a dwelling unit.
33-1361. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with
the rental agreement, including a material falsification of the written information provided to the
tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon a date not less than ten
days after receipt of the notice if the breach is not remedied in ten days. If there is a
noncompliance by the landlord with section 33-1324 materially affecting health and safety, the
tenant may deliver a written notice to the landlord specifying the acts and omissions constituting
the breach and that the rental agreement will terminate upon a date not less than five days after
receipt of the notice if the breach is not remedied in five days. For the purposes of this section,
material falsification includes false information relating to availability of the unit, except when a
holdover tenant is in illegal possession or in violation of the rental agreement, the condition of
the premises and any current services as represented by the landlord in writing and any
representation regarding future services and any future changes regarding the condition of the
premises, the provision of utility services and the designation of the party responsible for the
payment of utility services. The rental agreement shall terminate and the dwelling unit shall be
vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord
adequately remedies the breach prior to the date specified in the notice, the rental agreement will
not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or
omission of the tenant, a member of the tenant's family or other person on the premises with the
tenant's consent.
B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive
relief for any noncompliance by the landlord with the rental agreement or with section 33-1318
or 33-1324.
C. The remedy provided in subsection B of this section is in addition to any right of the tenant
arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all security recoverable by the
tenant under section 33-1321.
33-1362. Failure to deliver possession
A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as
provided in section 33-1323, rent abates until possession is delivered and the tenant may do
either of the following:
1. Upon at least five days' written notice to the landlord terminate the rental agreement and upon
termination the landlord shall return all prepaid rent and security.
2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain
an action for possession of the dwelling unit against the landlord or any person wrongfully in
possession and recover the damages sustained by him.
B. If the landlord fails to deliver constructive possession to the tenant because of noncompliance
with section 33-1324, rent shall not abate. Tenant may proceed with the remedies provided for in
C. If a person's failure to deliver possession is willful and not in good faith, an aggrieved person
may recover from that person an amount not more than two months' periodic rent or twice the
actual damages sustained by him, whichever is greater.
33-1363. Self-help for minor defects
A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is
less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever
amount is greater, the tenant may recover damages for the breach under section 33-1361,
subsection B, or may notify the landlord of the tenant's intention to correct the condition at the
landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply
within ten days or as promptly thereafter as conditions require in case of emergency, the tenant
may cause the work to be done by a licensed contractor and, after submitting to the landlord an
itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of
the work, not exceeding the amount specified in this subsection.
B. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate
or negligent act or omission of the tenant, a member of the tenant's family or other person on the
premises with the tenant's consent or if the condition repaired does not constitute a breach of the
fit and habitable condition of the premises.
33-1364. Wrongful failure to supply heat, air conditioning, cooling, water, hot water or essential
A. If contrary to the rental agreement or section 33-1324 the landlord deliberately or negligently
fails to supply running water, gas or electrical service, or both if applicable, and reasonable
amounts of hot water or heat, air-conditioning or cooling, where such units are installed and
offered, or essential services, the tenant may give reasonable notice to the landlord specifying the
breach and may do one of the following:
1. Procure reasonable amounts of hot water, running water, heat and essential services during the
period of the landlord's noncompliance and deduct their actual reasonable cost from the rent. If
the landlord has failed to provide any of the utility services specified in this section due to
nonpayment of the landlord's utility bill for the premises, and if there is no separate utility meter
for each tenant in the premises such that the tenant could avoid a utility shutoff by arranging to
have services transferred to the tenant's name, the tenant may either individually or collectively
with other tenants arrange with the utility company to pay the utility bill after written notice to
the landlord of the tenant's intent to do so. With the utility company's approval the tenant or
tenants may pay the landlord's delinquent utility bill and deduct from any rent owed to the
landlord the actual cost of the payment the tenant made to restore utility services. The tenant or
tenants may continue to make such payments to the utility company until the landlord has
provided adequate assurances to the tenant that the above utility services will be maintained.
2. Recover damages based upon the diminution in the fair rental value of the dwelling unit.
3. Procure reasonable substitute housing during the period of the landlord's noncompliance, in
which case the tenant is excused from paying rent for the period of the landlord's noncompliance.
In the event the periodic cost of such substitute housing exceeds the amount of the periodic rent,
upon delivery by tenant of proof of payment for such substitute housing, tenant may recover
from landlord such excess costs up to an amount not to exceed twenty-five per cent of the
periodic rent which has been excused pursuant to this paragraph.
B. A landlord shall provide all utilities and services specified in the lease agreement.
C. A landlord shall not terminate utility services as specified in subsection A of this section
which are provided to the tenant as part of the rental agreement, except as necessary to make
needed repairs or as provided in section 33-1368. Subsequent to the execution of the rental
agreement, a landlord may not transfer the responsibility for payment of such utility services to
the tenant without the tenant's written consent.
D. If a landlord is in violation of subsection C of this section, the tenant may recover damages,
costs and reasonable attorneys fees and obtain injunctive relief. Nothing in this section shall
preclude a tenant's right to recover damages as specified in section 33-1367.
E. A lease agreement shall not contain any terms contrary to this section.
F. In addition to the remedy provided in paragraph 3 of subsection A of this section, in the event
the landlord's noncompliance is deliberate, the tenant may recover the actual and reasonable cost
or fair and reasonable value of the substitute housing not in excess of an amount equal to the
periodic rent.
G. If the tenant proceeds under this section, he may not proceed under section 33-1361 or section
33-1363 as to that breach, except as to damages which occur prior to the tenant proceeding under
subsection A or B of this section.
H. The rights under this section do not arise until the tenant has given notice to the landlord and
such rights do not include the right to repair. Such rights do not arise if the condition was caused
by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or
other person on the premises with the tenant's consent.
33-1365. Landlord's noncompliance as defense to action for possession or rent; definition
A. In an action for possession based upon nonpayment of the rent or in an action for rent where
the tenant is in possession, if the landlord is not in compliance with the rental agreement or this
chapter, the tenant may counterclaim for any amount which he may recover under the rental
agreement or this chapter. In that event after notice and hearing the court from time to time may
order the tenant to pay into court all or part of the undisputed rent accrued and all periodic rent
thereafter accruing and shall determine the amount due to each party. The party to whom a net
amount is owed shall be paid first from the money paid into court and the balance, if any, by the
other party. However, if no rent remains due after application of this section, or if the tenant is
adjudged to have acted in good faith and satisfies a judgment for rent entered for the landlord,
judgment shall be entered for the tenant in the action for possession.
B. In an action for rent where the tenant is not in possession, the tenant may counterclaim as
provided in subsection A but the tenant is not required to pay any rent into court.
33-1366. Fire or casualty damage
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that
enjoyment of the dwelling unit is substantially impaired, the tenant may do either of the
1. Immediately vacate the premises and notify the landlord in writing within fourteen days
thereafter of his intention to terminate the rental agreement, in which case the rental agreement
terminates as of the date of vacating.
2. If continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by
the fire or casualty, in which case the tenant's liability for rent is reduced in proportion to the
diminution in the fair rental value of the dwelling unit.
B. If the rental agreement is terminated the landlord shall return all security recoverable under
section 33-1321. Accounting for rent in the event of termination or apportionment is to occur as
of the date the tenant vacates all or part of the dwelling unit.
33-1367. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
If the landlord unlawfully removes or excludes the tenant from the premises or wilfully
diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water
or other essential service to the tenant, the tenant may recover possession or terminate the rental
agreement and, in either case, recover an amount not more than two months' periodic rent or
twice the actual damages sustained by him, whichever is greater. If the rental agreement is
terminated the landlord shall return all security recoverable under section 33-1321.
33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; utility
A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the
rental agreement, including material falsification of the information provided on the rental
application, the landlord may deliver a written notice to the tenant specifying the acts and
omissions constituting the breach and that the rental agreement will terminate upon a date not
less than ten days after receipt of the notice if the breach is not remedied in ten days. For the
purposes of this section, material falsification shall include the following untrue or misleading
information about the:
1. Number of occupants in the dwelling unit, pets, income of prospective tenant, social security
number and current employment listed on the application or lease agreement.
2. Tenant's criminal records, prior eviction record and current criminal activity. Material
falsification of information in this paragraph is not curable under this section.
If there is a noncompliance by the tenant with section 33-1341 materially affecting health and
safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon a date not less than five
days after receipt of the notice if the breach is not remedied in five days. However, if the breach
is remediable by repair or the payment of damages or otherwise, and the tenant adequately
remedies the breach before the date specified in the notice, the rental agreement will not
terminate. If there is an additional act of these types of noncompliance of the same or a similar
nature during the term of the lease after the previous remedy of noncompliance, the landlord may
institute a special detainer action pursuant to section 33-1377 ten days after delivery of a written
notice advising the tenant that a second noncompliance of the same or a similar nature has
occurred. If there is a breach that is both material and irreparable and that occurs on the
premises, including but not limited to an illegal discharge of a weapon, homicide as defined in
sections 13-1102 through 13-1105, prostitution as defined in section 13-3211, criminal street
gang activity as prescribed in section 13-105, activity as prohibited in section 13-2308, the
unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled
substance as defined in section 13-3451, threatening or intimidating as prohibited in section 131202, assault as prohibited in section 13-1203, acts that have been found to constitute a nuisance
pursuant to section 12-991 or a breach of the lease agreement that otherwise jeopardizes the
health, safety and welfare of the landlord, the landlord's agent or another tenant or involving
imminent or actual serious property damage, the landlord may deliver a written notice for
immediate termination of the rental agreement and shall proceed under section 33-1377.
B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid
when due and the tenant fails to pay rent within five days after written notice by the landlord of
nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid
within that period of time, the landlord may terminate the rental agreement by filing a special
detainer action pursuant to section 33-1377. Before the filing of a special detainer action the
rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and
a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed
the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set
forth in a written rental agreement, attorney fees and court costs. After a judgment has been
entered in a special detainer action in favor of the landlord, any reinstatement of the rental
agreement is solely in the discretion of the landlord.
C. The landlord may recover all reasonable damages, resulting from noncompliance by the
tenant with the rental agreement or section 33-1341 or occupancy of the dwelling unit, court
costs, reasonable attorney fees and all quantifiable damage caused by the tenant to the premises.
D. The landlord may discontinue utility services provided by the landlord on the day following
the day that a writ of restitution or execution is executed pursuant to section 12-1181.
Disconnections shall be performed only by a person authorized by the utility whose service is
being discontinued. Nothing in this section shall supersede standard tariff and operational
procedures that apply to any public service corporation, municipal corporation or special districts
providing utility services in this state.
E. The landlord shall hold the tenant's personal property for a period of twenty-one days
beginning on the first day after a writ of restitution or writ of execution is executed as prescribed
in section 12-1181. The landlord shall use reasonable care in moving and holding the tenant's
property and may store the tenant's property in an unoccupied dwelling unit owned by the
landlord, the unoccupied dwelling unit formerly occupied by the tenant or off the premises if an
unoccupied dwelling unit is not available. If the tenant's former dwelling unit is used to store the
property, the landlord may change the locks on that unit at the landlord's discretion. The landlord
shall prepare an inventory and promptly notify the tenant of the location and cost of storage of
the personal property by sending a notice by certified mail, return receipt requested, addressed to
the tenant's last known address and to any of the tenant's alternative addresses known to the
landlord. To reclaim the personal property, the tenant shall pay the landlord only for the cost of
removal and storage for the time the property is held by the landlord. Within five days after a
written offer by the tenant to pay these charges the landlord must surrender possession of the
personal property in the landlord's possession to the tenant upon the tenant's tender of payment.
If the landlord fails to surrender possession of the personal property to the tenant, the tenant may
recover the possessions or an amount equal to the damages determined by the court if the
landlord has destroyed or disposed of the possessions before the twenty-one days specified in
this section or after the tenant's offer to pay. The tenant shall pay all removal and storage costs
accrued through the fifth day after the tenant's offer to pay is received by the landlord or the date
of delivery or surrender of the property, whichever is sooner. Payment by the tenant relieves the
landlord of any further responsibility for the tenant's possessions.
F. A tenant does not have any right of access to that property until all payments specified in
subsection E of this section have been made in full, except that the tenant may obtain clothing
and the tools, apparatus and books of a trade or profession and identification or financial
documents including all those related to the tenant's immigration status, employment status,
public assistance or medical care. If the landlord holds the property for the twenty-one day
period and the tenant does not make a reasonable effort to recover it, the landlord, upon the
expiration of twenty-one days as provided in this subsection, may administer the personal
property as provided in section 33-1370, subsection E. The landlord shall hold personal property
after a writ of restitution or writ of execution is executed for not more than twenty-one days after
such an execution. Nothing in this subsection shall preclude the landlord and tenant from making
an agreement providing that the landlord will hold the personal property for a period longer than
twenty-one days.
G. For the purposes of this chapter, the tenant shall be held responsible for the actions of the
tenant's guests that violate the lease agreement or rules or regulations of the landlord if the tenant
could reasonably be expected to be aware that such actions might occur and did not attempt to
prevent those actions to the best of the tenant's ability.
H. For purposes of this section, "days" means calendar days.
33-1369. Failure to maintain
If there is noncompliance by the tenant with section 33-1341 materially affecting health and
safety that can be remedied by repair, replacement of a damaged item or cleaning and the tenant
fails to comply as promptly as conditions require in case of emergency or within fourteen days
after written notice by the landlord specifying the breach and requesting that the tenant remedy it
within that period of time, the landlord may enter the dwelling unit and cause the work to be
done in a workmanlike manner and submit an itemized bill for the actual and reasonable cost or
the fair and reasonable value thereof as rent on the next date when periodic rent is due, or if the
rental agreement has terminated, for immediate payment.
33-1370. Abandonment; notice; remedies; personal property; definition
A. If a dwelling unit is abandoned after the time prescribed in subsection H of this section, the
landlord shall send the tenant a notice of abandonment by certified mail, return receipt requested,
addressed to the tenant's last known address and to any of the tenant's alternate addresses known
to the landlord. The landlord shall also post a notice of abandonment on the door to the dwelling
unit or any other conspicuous place on the property for five days.
B. Five days after notice of abandonment has been both posted and mailed, the landlord may
retake the dwelling unit and rerent the dwelling unit at a fair rental value if no personal property
remains in the dwelling unit. After the landlord retakes the dwelling unit, money held by the
landlord as a security deposit is forfeited and shall be applied to the payment of any accrued rent
and other reasonable costs incurred by the landlord by reason of the tenant's abandonment.
C. If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at
a fair rental. If the landlord rents the dwelling unit for a term beginning prior to the expiration of
the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. If the
landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord
accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the
landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month
to month or week to week, the term of the rental agreement for this purpose shall be deemed to
be a month or a week, as the case may be.
D. After the landlord has retaken possession of the dwelling unit, the landlord may store the
tenant's personal possessions in the unoccupied dwelling unit that was abandoned by the tenant,
in any other available unit or any storage space owned by the landlord or off the premises if a
dwelling unit or storage space is not available. The landlord shall notify the tenant of the location
of the personal property in the same manner prescribed in subsection A of this section.
E. The landlord shall hold the tenant's personal property for a period of ten days after the
landlord's declaration of abandonment. The landlord shall use reasonable care in holding the
tenant's personal property. If the landlord holds the property for this period and the tenant makes
no reasonable effort to recover it, the landlord may sell the property, retain the proceeds and
apply them toward the tenant's outstanding rent or other costs which are covered in the lease
agreement or otherwise provided for in title 33, chapter 10 or title 12, chapter 8 and have been
incurred by the landlord due to the tenant's abandonment. Any excess proceeds shall be mailed to
the tenant at the tenant's last known address. A tenant does not have any right of access to that
property until the actual removal and storage costs have been paid in full, except that the tenant
may obtain clothing and the tools, apparatus and books of a trade or profession and any
identification or financial documents, including all those related to the tenant's immigration
status, employment status, public assistance or medical care. If provided by a written rental
agreement, the landlord may destroy or otherwise dispose of some or all of the property if the
landlord reasonably determines that the value of the property is so low that the cost of moving,
storage and conducting a public sale exceeds the amount that would be realized from the sale.
F. For a period of twelve months after the sale the landlord shall:
1. Keep adequate records of the outstanding and unpaid rent and the sale of the tenant's personal
2. Hold any excess proceeds which have been returned as undeliverable for the benefit of the
G. If the tenant notifies the landlord in writing on or before the date the landlord sells or
otherwise disposes of the personal property that the tenant intends to remove the personal
property from the dwelling unit or the place of safekeeping, the tenant has five days to reclaim
the personal property. To reclaim the personal property the tenant must only pay the landlord for
the cost of removal and storage for the period the tenant's personal property remained in the
landlord's safekeeping.
H. In this section "abandonment" means either the absence of the tenant from the dwelling unit,
without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding
and unpaid for ten days and there is no reasonable evidence other than the presence of the
tenant's personal property that the tenant is occupying the residence or the absence of the tenant
for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and
none of the tenant's personal property is in the dwelling unit.
33-1371. Acceptance of partial payments
A. A landlord is not required to accept a partial payment of rent or other charges. A landlord
accepting a partial payment of rent or other charges retains the right to proceed against a tenant
only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial
payment with regard to continuation of the tenancy. The written agreement shall contain a date
on which the balance of the rent is due. The landlord may proceed as provided in article 4 of this
chapter and in title 12, chapter 8 against a tenant in breach of this agreement or any other breach
of the original rental agreement. If the landlord has provided the tenant with a notice of failure to
pay rent as specified in section 33-1368, subsection B prior to the completion of the agreement
for partial payment, no additional notice under section 33-1368, subsection B is required in case
of a breach of the partial payment agreement.
B. Except as specified in subsection A of this section, acceptance of rent, or any portion thereof,
with knowledge of a default by tenant or acceptance of performance by the tenant that varied
from the terms of the rental agreement or rules or regulations subsequently adopted by the
landlord constitutes a waiver of the right to terminate the rental agreement for that breach.
33-1372. Landlord liens; distraint for rent
A. A lien or security interest on behalf of the landlord in the tenant's household goods is not
enforceable unless perfected before the effective date of this chapter.
B. Distraint for rent is abolished.
33-1373. Remedy after termination
If the rental agreement is terminated, the landlord may have a claim for possession and for rent
and a separate claim for actual damages for breach of the rental agreement.
33-1374. Recovery of possession limited
A landlord may not recover or take possession of the dwelling unit by action or otherwise,
including forcible removal of the tenant or his possessions, willful diminution of services to the
tenant by interrupting or causing the interruption of electric, gas, water or other essential service
to the tenant, except in case of abandonment, surrender or as permitted in this chapter
33-1375. Periodic tenancy; hold-over remedies
A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to
the other at least ten days prior to the termination date specified in the notice.
B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given
to the other at least thirty days prior to the periodic rental date specified in the notice.
C. If the tenant remains in possession without the landlord's consent after expiration of the term
of the rental agreement or its termination, the landlord may bring an action for possession and if
the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an
amount equal to not more than two months' periodic rent or twice the actual damages sustained
by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued
occupancy, section 33-1314, subsection D applies.
33-1376. Landlord and tenant remedies for abuse of access
A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to
compel access, or terminate the rental agreement. In either case, the landlord may recover actual
damages.
B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes
repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing
the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement. In either case, the tenant may recover actual damages not less
than an amount equal to one month's rent.
33-1377. Special detainer actions; service; trial postponement
A. Special detainer actions shall be instituted for remedies prescribed in section 33-1368. Except
as provided in this section, the procedure and appeal rights prescribed in title 12, chapter 8,
article 4 apply to special detainer actions.
B. The summons shall be issued on the day the complaint is filed and shall command the person
against whom the complaint is made to appear and answer the complaint at the time and place
named which shall be not more than six nor less than three days from the date of the summons.
The tenant is deemed to have received the summons three days after the summons is mailed if
personal service is attempted and within one day of issuance of the summons a copy of the
summons is conspicuously posted on the main entrance of the tenant's residence and on the same
day the summons is sent by certified mail, return receipt requested, to the tenant's last known
address. The summons in a special detainer action shall be served at least two days before the
return day and the return day made on the day assigned for trial. Service of process in this
manner shall be deemed the equivalent of having served the tenant in person for the purposes of
awarding a money judgment for all rent, damages, costs and attorney fees due.
C. For good cause shown supported by an affidavit, the trial may be postponed for not more than
three days in a justice court or five days in the superior court.
D. In addition to determining the right to actual possession, the court may assess damages,
attorney fees and costs as prescribed by law.
E. If a complaint is filed alleging a material and irreparable breach pursuant to section 33-1368,
subsection A, the summons shall be issued as provided in subsection B of this section, except
that the trial date and return date shall be set no later than the third day following the filing of the
complaint. If after the hearing the court finds by preponderance of the evidence that the material
and irreparable breach did occur, the court shall order restitution in favor of the plaintiff not less
than twelve nor more than twenty-four hours later.
F. If the defendant is found guilty, the court shall give judgment for the plaintiff for restitution of
the premises, for late charges stated in the rental agreement, for costs and, at the plaintiff's
option, for all rent found to be due and unpaid through the periodic rental period provided for in
the rental agreement as described in section 33-1314, subsection C and shall grant a writ of
restitution.
G. If the defendant is found not guilty, judgment shall be given for the defendant against the
plaintiff for costs, and if it appears that the plaintiff has acquired possession of the premises since
commencement of the action, a writ of restitution shall issue in favor of the defendant.
33-1378. Removal of guest; notice
A person who is a guest of a tenant who is not named on a written lease and who remains on the
premises without the permission of the tenant or the landlord is not a lawful tenant and that
persons presence in or on the premises does not constitute residency or tenancy. A person who
knowingly remains on the premises without the permission of the tenant or the landlord may be
removed by a law enforcement officer at the request of the tenant or the landlord who is entitled
to possession of the premises.
Article 5 Retaliatory Action
33-1381. Retaliatory conduct prohibited
A. Except as provided in this section, a landlord may not retaliate by increasing rent or
decreasing services or by bringing or threatening to bring an action for possession after any of
1. The tenant has complained to a governmental agency charged with responsibility for
enforcement of a building or housing code of a violation applicable to the premises materially
affecting health and safety.
2. The tenant has complained to the landlord of a violation under section 33-1324.
3. The tenant has organized or become a member of a tenants' union or similar organization.
4. The tenant has complained to a governmental agency charged with the responsibility for
enforcement of the wage-price stabilization act.
B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the
remedies provided in section 33-1367 and has a defense in action against him for possession. In
an action by or against the tenant, evidence of a complaint within six months prior to the alleged
act of retaliation creates a presumption that the landlord's conduct was in retaliation. The
presumption does not arise if the tenant made the complaint after notice of termination of the
rental agreement. "Presumption", in this subsection, means that the trier of fact must find the
existence of the fact presumed unless and until evidence is introduced which would support a
finding of its nonexistence.
C. Notwithstanding subsections A and B of this section, a landlord may bring an action for
possession if either of the following occurs:
1. The violation of the applicable building or housing code was caused primarily by lack of
reasonable care by the tenant or other person in his household or upon the premises with his
2. The tenant is in default in rent. The maintenance of the action does not release the landlord
from liability under section 33-1361, subsection B.
Chapter 17 Residential Rental Property
Residential rental property; recording with the assessor; agent designation;
civil penalty; fee
Appointment of temporary receiver; term; duties, accounting
Slum property; appeal
Licensed property management company; training program
Registration with one-call notification center
33-1901. Definitions
In this article, unless the context otherwise requires:
1. "Managing agent" means a person, corporation, partnership or limited liability company that is
authorized by the owner to operate and manage the property.
2. "Residential rental property" means property that is used solely as leased or rented property
for residential purposes. If the property is a space rental mobile home park, residential rental
property includes the rental space that is leased or rented by the owner of that rental space but
does not include the mobile home or recreational vehicle that serves as the actual dwelling if the
dwelling is owned and occupied by the tenant of the rental space and not by the owner of the
rental space.
3. "Slum property" means residential rental property that has deteriorated or is in a state of
disrepair and that manifests one or more of the following conditions that are a danger to the
health or safety of the public:
(a) Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or
railings.
(b) Lack of potable water, adequate sanitation facilities, adequate water or waste pipe
(c) Hazardous electrical systems or gas connections.
(d) Lack of safe, rapid egress.
(e) Accumulation of human or animal waste, medical or biological waste, gaseous or
combustible materials, dangerous or corrosive liquids, flammable or explosive materials or drug
33-1902. Residential rental property; recording with the assessor; agent designation; civil
penalty; fee
A. An owner of residential rental property shall maintain with the assessor in the county where
the property is located information required by this section in a manner to be determined by the
assessor. The owner shall update any information required by this section within ten days after a
change in the information occurs. The following information shall be maintained:
1. The name, address and telephone number of the property owner.
2. If the property is owned by a corporation, limited liability company, partnership, limited
partnership, trust or real estate investment trust, the name, address and telephone number of any
of the following:
(a) For a corporation, a corporate officer.
(b) For a partnership, a general partner.
(c) For a limited liability company, the managing or administrative member.
(d) For a limited partnership, a general partner.
(e) For a trust, a trustee.
(f) For a real estate investment trust, a general partner or an officer.
3. The street address and parcel number of the property.
4. The year the building was built.
B. An owner of residential rental property who lives outside this state shall designate and record
with the assessor a statutory agent who lives in this state and who will accept legal service on
behalf of the owner. The owner shall designate the agent in a manner to be determined by the
assessor. The information shall include the name, address and telephone number of the agent.
C. Residential rental property shall not be occupied if the information required by this section is
not on file with the county assessor. If the owner has not filed the information required by this
section with the county assessor and the residential rental property is occupied by a tenant and
the tenant chooses to terminate the tenancy, the tenant shall deliver to the landlord, owner or
managing agent of the property a written ten day notice to comply with this section. The notice
shall be delivered by certified mail, return receipt requested, or by hand delivery. If the owner
does not comply with this section within ten days after receipt of the notice, the tenant may
terminate the rental agreement and the landlord shall return all prepaid rent to the tenant.
Security deposits shall be returned in accordance with section 33-1321, subsection D. The
landlord shall return those monies by certified mail, return receipt requested, or by hand delivery
to the tenant within ten days after the termination of the rental agreement. This subsection
applies to any existing lease and to any new lease after August 25, 2004. Notwithstanding this
subsection, an owner is in compliance with this subsection only if the owner had filed the
information required by subsection A of this section with the county assessor.
D. All records, files and documents that are required by this section are public records.
E. For residential rental property that is acquired by an owner after the date of the notice of
assessed valuation and the notice prescribed by section 42-15103 and until the issuance of the
next notice of assessed valuation, a city or town shall assess a civil penalty of one thousand
dollars against a person who fails to comply with this section, plus an additional one hundred
dollars for each month after the date of the original violation until compliance occurs. The court
shall not suspend any portion of the civil penalty provided by this subsection.
F. Notwithstanding subsection E of this section, if a person complies within ten days after
receiving the complaint that notices the violation, the court shall dismiss the complaint and shall
not impose a civil penalty.
G. Except for newly acquired residential rental property as prescribed by subsection E of this
section, if a residential rental property owner fails to register with the county assessor as
prescribed by this section, the city or town may impose a civil penalty in the amount of one
hundred fifty dollars per day for each day of violation after the date of the most recent notice of
assessed valuation and the notice prescribed by section 42-15103. If a person complies within ten
days after receiving the notice from the county assessor, the court shall dismiss the complaint
and shall not impose a civil penalty.
H. In carrying out this section, the county assessor shall have immunity as provided in section
12-820.01.
I. The county assessor may assess a fee of not more than ten dollars for each initial registration
and each change of information in the registry.
J. On request from a city or town the county assessor shall provide the most current list of all
registered rental property owners within the city's or town's boundaries.
33-1903. Appointment of temporary receiver; term; duties, accounting
A. This state or a city, town or county of this state may apply to the superior court for the
appointment of a temporary receiver to manage a property that is designated as a slum property
by a city, town or county or the state.
B. If the court determines that the appointment of a temporary receiver is necessary, the court
may order the appointment of a temporary receiver to manage or operate the premises for as long
as the court deems necessary. The court shall not appoint a temporary receiver for a term of more
than one year.
C. A temporary receiver who is appointed pursuant to subsection B of this section either shall be
a real estate licensee specializing in property management or an attorney specializing in real
estate law and shall swear or affirm to faithfully and fairly discharge the receiver's duties. The
court may require the temporary receiver to post a bond in an amount fixed by the court.
D. The court shall determine the following:
1. The management duties of the receiver.
2. The amount of compensation to be paid to the receiver.
3. The method of payment.
4. The payment periods.
E. The temporary receiver shall continue to manage the property during the pendency of any
appeal or until relieved by the court. The court may remove a temporary receiver on its own
motion or on the motion of any party or the temporary receiver.
F. The temporary receiver may do any of the following:
1. Take control of the property.
2. Pay the mortgage on the property if there are sufficient monies derived from the income of the
property to do so.
3. Collect rents due on the property.
4. Make or have made any repairs that are necessary to bring the property into compliance with
any statute or ordinance.
5. Make payments that are necessary for the maintenance or restoration of utilities to the
6. Purchase materials that are necessary to make repairs.
7. Renew, terminate or modify existing rental contracts and leases as provided by law.
8. Enter into new rental contracts and leases.
9. Affirm, renew or terminate an existing insurance contract that covers the property as provided
by law.
10. Enter into a new contract that provides for insurance coverage on the property.
11. Hire security or other personnel that are necessary for the safe and proper operation and
maintenance of the property.
12. Prosecute or defend suits that flow from the management of the property and retain counsel.
13. Exercise all other authority that an owner of the property would have except the authority to
sell the property.
G. Before the receiver spends monies in excess of ten thousand dollars the court and the party
who is responsible for the payment of the temporary receiver's expenditures shall approve the
expenditure of those monies.
H. The costs of compensation to and expenditures by the temporary receiver shall be paid in the
following order of priority:
1. From the income that is derived from the property and that is available after all taxes and
mortgages are satisfied.
2. By the party who requested the appointment of the temporary receiver.
I. On filing with the county recorder of the county in which the property is located, a lien is
created in favor of the party who pays the temporary receiver's costs of compensation and
expenditures other than the defendant. The lien is prior to all other liens, obligations or
encumbrances except for prior recorded mortgages, restitution liens, child support liens and
general tax liens.
J. On the completion of the receivership, the temporary receiver shall file with the court a full
accounting of all costs and expenses incurred and all income received during course of the
receivership.
K. On finding that the appointment of a temporary receiver is no longer warranted, the court on
its own motion or the motion of any party may terminate the temporary receivership.
L. After all violations have been cured, the temporary receivership shall be terminated.
33-1904. Inspections
A. In addition to any other statute or ordinance providing for the inspection of property, a city,
town or county or the state may inspect the residential rental property if either of the following
occurs:
1. A property owner fails to comply with the provisions of section 33-1902. The property is
subject to immediate inspection until there is compliance. If the property is occupied, the
inspecting authority shall request consent of the tenant before entering the interior of the
structure. Except as otherwise provided by law, the right of inspection does not extend to the
interior of a dwelling unit in a space rental mobile home park or recreational vehicle park that is
not owned by a landlord unless the tenant is in possession of the dwelling unit or, if the dwelling
unit is vacant or abandoned, the owner consents to the inspection. If the tenant refuses to consent
to the entry, the inspecting authority has recourse to any remedy provided by law to secure entry.
2. A property has been designated as a slum property by a city, town or county or the state. The
city, town, county or state may annually inspect a property designated as a slum property for
three consecutive years. A city, town or county or the state shall establish the process by which a
property is designated as a slum property.
B. The property owner is responsible for the costs of an inspection that is conducted pursuant to
this section. If the property that is inspected is a dwelling unit in a space rental mobile home park
or recreational vehicle park that is not owned by a landlord, the owner of the dwelling unit is
responsible for the costs of the inspection.
C. On recording a penalty or inspection cost with the recorder's office in the county in which the
property is located, the penalty or inspection cost is deemed to be an assessment and is prior to
all other liens, obligations or encumbrances except for liens under title 12, chapter 7, article 12,
prior recorded mortgages, restitution liens, child support liens and general tax liens. If the
property that was inspected was a dwelling unit in a space rental mobile home park or
recreational vehicle park that is not owned by a landlord, a lien shall not be recorded against the
owner of the property other than the dwelling. The lien may be filed with the department of
transportation and, if filed, has the same effect as otherwise provided for in this section.
D. This section shall not affect any other statute or ordinance pertaining to inspection of
33-1905. Slum property; appeal
A. A governmental agency that may designate a residential rental property as a slum property
shall establish procedures by which the owner of the property may file an administrative appeal
contesting the designation of the property.
B. The decision at the hearing on the administrative appeal is the final administrative decision.
C. A party may appeal the administrative decision pursuant to title 12, chapter 7, article 6.
33-1906. Licensed property management company; training program
A city or town may require a residential rental property owner whose property has been
designated as a slum or exhibits the criteria prescribed in section 9-1303, relating to violations
that materially affect the health and safety of the occupants of the property, to hire a property
management firm that is regulated pursuant to title 32, chapter 20, article 3.1 to manage the
property, participate in the city or town's crime free multihousing program, if applicable, and
attend city or town approved landlord tenant training classes if available from the city or town.
The city or town may also require the property owner to participate in comparable training
provided by a nonprofit corporation that is designated as a section 501(c)(3), 501(c)(4), 501(c)(5)
or 501(c)(6) corporation and that is certified by the city or town to provide that training. This
shall not apply to mobile home parks which are in compliance with section 33-1437.
33-1907. Registration with one-call notification center
This article does not relieve a landlord of an apartment community as defined in section 40360.21 or a landlord of a mobile home park from the obligation to register with a one-call
notification center as prescribed by section 40-360.32.
Title 9 Cities and Towns
Chapter 12 Residential Rental Inspection Programs
Individual property inspections
9-1303. Material affect on health and safety of occupants
For the purposes of this chapter, a condition that materially affects the health and safety of the
occupants of a residential rental dwelling unit includes any of the following conditions:
1. Inadequate sanitation, ventilation or space requirements, including the following:
(a) Lack of or inadequate water closets, lavatories, bathtubs or showers.
(b) Lack of a required kitchen sink or a kitchen sink that does not comply with the building code
of the city or town in which the property is located.
(c) Lack of hot and cold running water to plumbing fixtures.
(d) Lack of adequate heating and cooling.
(e) Lack of or improper operation of required ventilating equipment or broken or missing
windows or doors that create a hazardous condition or a potential attraction to trespassers.
(f) Lack of minimum amounts of natural light and ventilation as required by the building code.
(g) Inadequate room and space dimensions as required by the building code.
(h) Lack of required adequate electricity and lighting as required by the building code.
(i) Infestation of insects, vermin or rodents.
(j) Lack of connection to a sewage disposal system as required by the building code.
(k) Lack of adequate garbage and rubbish storage and removal facilities.
2. Structural hazards, including the following:
(a) Significantly deteriorated or inadequate foundations or foundation areas that are not provided
with adequate drainage.
(b) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(c) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to
defective material or deterioration.
(d) Members of ceilings, roofs, ceiling and roof supports or other horizontal members that
significantly sag, split or buckle due to defective material or deterioration.
(e) Fireplaces or chimneys that list, bulge or settle due to defective material or deterioration or
that are of insufficient size or strength to carry imposed loads with safety.
3. Hazardous wiring that does not conform with the building code or that has not been
maintained in good condition, or both, and that is not being used in a safe manner.
4. Hazardous plumbing that does not conform with the building code or that has not been
maintained in good condition, or both, and that is not free of cross-connections and siphonage
between fixtures.
5. Hazardous mechanical equipment including vents that do not conform with the building code
or that have not been maintained in good and safe condition and that are not working properly.
6. Faulty weather protection that may include:
(a) Significantly deteriorated, crumbling or loose plaster.
(b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors,
including broken windows or doors.
(c) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or
weathering due to lack of paint or other approved protective covering.
(d) Broken, rotted, split or buckled exterior wall coverings or roof coverings.
7. Fire hazards or inadequate fire protection, including:
(a) Any building or portion of a building or any device, apparatus, equipment, combustible waste
or vegetation that is not in compliance with the building code and that is in such a condition as to
cause a fire or explosion or to provide a ready fuel to augment the spread and intensity of a fire
or explosion arising from any cause.
(b) Any building or portion of a building that is not provided with fire-resistive construction or
fire extinguishing systems or equipment required by the building code, except those buildings or
portions of buildings that conformed with all applicable building code laws and that have fireresistive integrity and fire extinguishing systems or equipment that has been adequately
maintained and improved in relation to any increase in occupant load, alteration or addition, or
any change in occupancy.
(c) Lack of adequate fire detection systems as required by law.
8. Faulty materials or construction that is not specifically allowed or approved by the building
code or that has not been adequately maintained in good and safe condition.
9. Hazardous or unsanitary premises, including those premises on which an accumulation of
weeds, vegetation, refuse, dead organic matter, debris, garbage, offal, rat harborages, stagnant
water, combustible materials and similar materials or conditions constitute fire, health or safety
hazards.
10. Inadequate maintenance, including any building or portion of a building that is determined to
be an unsafe building in accordance with the building code.
11. Unhealthy conditions, including any condition as defined in the building code that results in
the failure to maintain minimum standards of sanitation, health or safety or that renders air, food
or drink unwholesome or detrimental to health.
12. Inadequate exits, including all buildings or portions of a building that are not provided with
adequate exit facilities as required by the building code and that have been adequately
maintained and increased in relation to any increase in occupant load, alteration or addition, or
13. Improper occupancy, including all buildings or portions of a building that are occupied for
living, sleeping, cooking or dining purposes and that were not designed and permitted to be used
for such occupancies, or that are occupied in excess of the maximum occupancy load allowed by
any applicable provision of the building code or state law.
Chapter 3 Landlord and Tenant
Article 1 Obligations and Liabilities of Landlord
Posting of lien law and rates by innkeepers
Maintenance of fireproof safe by innkeeper for deposit of valuables by
guests; limitations on liability of innkeeper for loss of property of guests
classification; exceptions
Article 2 Obligations and Liabilities of Tenant
Maintenance of premises
Damage to premises; classification
Liability of person in possession of land for rent due thereon
Denial of landlord's title by lessee in possession prohibited
Article 3 Termination of Tenancies
Termination of tenancies
Effect of lessee holding over
Premises rendered untenantable
Article 4 Remedies of Landlord
Violation of lease by tenant; right of landlord to reenter; summary action for
recovery of premises; appeal; lien for unpaid rent; enforcement
Landlord's lien for rent
Article 5 Applicability of Chapter
33-301. Posting of lien law and rates by innkeepers
Every keeper of a hotel, inn, boarding, lodging or apartment house, or auto camp, shall post in a
conspicuous place in the office or public room, and in every bedroom of the establishment, a
printed copy of sections 33-951 and 33-952, with a printed statement of charges by the day, week
or month for meals, lodging or other items furnished.
33-302. Maintenance of fireproof safe by innkeeper for deposit of valuables by guests;
limitations on liability of innkeeper for loss of property of guests
A. An innkeeper who maintains a fireproof safe and gives notice by posting in a conspicuous
place in the office or in the room of each guest that money, jewelry, documents and other articles
of small size and unusual value may be deposited in the safe, is not liable for loss of or injury to
any such article not deposited in the safe, which is not the result of his own act.
B. An innkeeper may refuse to receive for deposit from a guest articles exceeding a total value of
five hundred dollars, and unless otherwise agreed to in writing shall not be liable in an amount in
excess of five hundred dollars for loss of or damage to property deposited by a guest in such safe
unless the loss or damage is the result of the fault or negligence of the innkeeper.
C. The innkeeper shall not be liable for loss of or damage to merchandise samples or
merchandise for sale displayed by a guest unless the guest gives prior written notice to the
innkeeper of having and displaying the merchandise or merchandise samples, and the innkeeper
acknowledges receipt of such notice, but in no event shall liability for such loss or damage
exceed five hundred dollars unless it results from the fault or negligence of the innkeeper.
D. The liability of an innkeeper to a guest shall be limited to one hundred dollars for property
delivered to the innkeeper to be kept in a storeroom or baggage room and to seventy-five dollars
for property deposited in a parcel or checkroom.
E. For the purpose of this section the term "inn" includes hotel, boarding house, lodging house,
apartment house, motel and auto camp.
33-303. Discrimination by landlord or lessor against tenant with children prohibited;
the rental a restriction against children, either by the display of a sign, placard, written or printed
notice, or by publication thereof in a newspaper of general circulation, is guilty of a petty
against the sale of such property to persons who have a child or children living with them nor
shall a person rent or lease his property to persons who have a child or children living with them
when his property lies within a subdivision which subdivision is presently designed, advertised
and used as an exclusive adult subdivision. A person who knowingly rents or leases his property
in violation of the provisions of this subsection is guilty of a petty offense.
33-321. Maintenance of premises
A tenant shall exercise diligence to maintain the premises in as good condition as when he took
possession, ordinary wear and tear excepted.
33-322. Damage to premises; classification
Removal or intentional and material alteration or damage of any part of a building, the
furnishings thereof, or any permanent fixture, by or at the instance of the tenant, without written
permission of the landlord or his agent, is a class 2 misdemeanor.
33-323. Liability of person in possession of land for rent due thereon
Every person in possession of land out of which rent is due is liable for the amount or proportion
of rent due from the lands in his possession, although it is only a part of the land originally
demised, without depriving the landlord of other legal remedies for recovery of rent.
33-324. Denial of landlord's title by lessee in possession prohibited
When a person enters into possession of real property under a lease, he may not, while in
possession, deny the title of his landlord in an action brought upon the lease by the landlord or a
person claiming under him.
33-341. Termination of tenancies
A. A tenancy from year to year terminates at the end of each year unless written permission is
given to remain for a longer period. The permission shall specify the time the tenant may remain,
and upon termination of such time the tenancy expires.
B. A lease from month to month may be terminated by the landlord giving at least ten days
notice thereof. In case of nonpayment of rent notice is not required.
C. A tenant from month to month shall give ten days notice, and a tenant on a semimonthly basis
shall give five days notice, of his intention to terminate possession of the premises. Failure to
give the notice renders the tenant liable for the rent for the ensuing ten days.
D. When a tenancy is for a certain period under verbal or written agreement, and the time
expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then
E. A tenant who holds possession of property against the will of the landlord, except as provided
in this section, shall not be considered a tenant at sufferance or at will.
33-342. Effect of lessee holding over
When a lessee holds over and retains possession after expiration of the term of the lease without
express contract with the owner, the holding over shall not operate to renew the lease for the
term of the former lease, but thereafter the tenancy is from month to month.
33-343. Premises rendered untenantable without fault of lessee; nonliability of tenant for rent;
right to quit premises
The lessee of a building which, without fault or neglect on the part of the lessee, is destroyed or
so injured by the elements or any other cause as to be untenantable or unfit for occupancy, is not
liable thereafter to pay rent to the lessor or owner unless expressly provided by written
agreement, and the lessee may thereupon quit and surrender possession of the premises.
33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of
premises; appeal; lien for unpaid rent; enforcement
A. When a tenant neglects or refuses to pay rent when due and in arrears for five days, or when a
tenant violates any provision of the lease, the landlord or person to whom the rent is due, or the
agent of the landlord or person to whom the rent is due, may reenter and take possession, or,
without formal demand or reentry, commence an action for recovery of possession of the
B. The action shall be commenced, conducted and governed as provided for actions for forcible
entry or detainer and shall be tried not less than five nor more than thirty days after its
commencement. In addition to determining the right to actual possession, the court may assess
damages, attorney fees and costs pursuant to section 12-1178.
C. If judgment is given for the plaintiff, the defendant, in order to perfect an appeal, shall file a
bond with the court in an amount fixed and approved by the court and payable to the clerk of the
superior court, conditioned that the appellant will prosecute the appeal to effect and will pay the
rental value of the premises pending the appeal and all damages, attorney fees, costs and rent
adjudged against the appellant.
D. If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien upon and
may seize as much personal property of the tenant located on the premises and not exempted by
law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty
days after seizure as provided for in this section, the landlord may sell the seized personal
property in the manner provided by section 33-1023.
E. When premises are sublet or the lease is assigned, the landlord shall have a like lien against
the sublessee or assignee as the landlord has against the tenant and may enforce it in the same
33-362. Landlord's lien for rent
A. The landlord shall have a lien on all property of his tenant not exempt by law, placed upon or
used on the leased premises, until the rent is paid. The lien shall not secure the payment of rent
accruing after the death or bankruptcy of the lessee, or after an assignment for the benefit of the
lessee's creditors.
B. The landlord may seize for rent any personal property of his tenant found on the premises, but
the property of any other person, although found on the premises, shall not be liable therefor. If
the tenant fails to allow the landlord to take possession of such property, the landlord may reduce
the property to possession by an action to recover possession, and may hold or sell the property
for the payment of the rent.
C. The landlord shall have a lien for rent upon crops grown or growing upon the leased premises,
whether the rent is payable in money, articles of property or products of the premises, and also
for the faithful performance of the terms of the lease, and the lien shall continue for a period of
six months after expiration of the term of the lease.
D. When premises are sublet, or when the lease is assigned, the landlord shall have the same lien
against the sublessee or assignee as he has against the tenant and may enforce the lien in like
33-381. Limitation
This chapter shall apply to all landlord-tenant relationships except for landlord-tenant
relationships arising out of the rental of dwelling units which shall be governed by chapter 10 or
11 of this title.
Title 12 Courts and Civil Proceedings
Chapter 8 Special Actions and Proceedings Relating to Property
Article 4 Forcible Entry and Detainer
Acts which constitute forcible entry or detainer
Definition of forcible entry
Definition of forcible detainer; substitution of parties
Additional definition of forcible detainer
Immateriality of time possession obtained by tenant
Complaint and answer; service and return
Demand for jury; trial procedure
Trial and issue; postponement of trial
Judgment; writ of restitution; limitation on issuance; criminal violation;
Appeal to superior court; notice; bond
Stay of proceedings on judgment; record on appeal
Trial and judgment on appeal; writ of restitution
Appeal to supreme court; stay and bond
Proceedings no bar to certain actions
12-1171. Acts which constitute forcible entry or detainer
A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he:
1. Makes an entry into any lands, tenements or other real property, except in cases where entry is
given by law.
2. Makes such an entry by force.
3. Wilfully and without force holds over any lands, tenements or other real property after
termination of the time for which such lands, tenements or other real property were let to him or
to the person under whom he claims, after demand made in writing for the possession thereof by
the person entitled to such possession.
12-1172. Definition of forcible entry
A "forcible entry," or an entry where entry is not given by law within the meaning of this article,
1. An entry without the consent of the person having the actual possession.
2. As to a landlord, an entry upon the possession of his tenant at will or by sufferance, whether
with or without the tenant's consent.
12-1173. Definition of forcible detainer; substitution of parties
There is a forcible detainer if:
1. A tenant at will or by sufferance or a tenant from month to month or a lesser period whose
tenancy has been terminated retains possession after his tenancy has been terminated or after he
receives written demand of possession by the landlord.
2. The tenant of a person who has made a forcible entry refuses for five days after written
demand to give possession to the person upon whose possession the forcible entry was made.
3. A person who has made a forcible entry upon the possession of one who acquired such
possession by forcible entry refuses for five days after written demand to give possession to the
person upon whose possession the first forcible entry was made.
4. A person who has made a forcible entry upon the possession of a tenant for a term refuses to
deliver possession to the landlord for five days after written demand, after the term expires. If the
term expires while a writ of forcible entry applied for by the tenant is pending, the landlord may,
at his own cost and for his own benefit, prosecute it in the name of the tenant.
12-1173.01. Additional definition of forcible detainer
A. In addition to other persons enumerated in this article, a person in any of the following cases
who retains possession of any land, tenements or other real property after he receives written
demand of possession may be removed through an action for forcible detainer filed with the
clerk of the superior court in accordance with this article:
1. If the property has been sold through the foreclosure of a mortgage, deed of trust or contract
for conveyance of real property pursuant to title 33, chapter 6, article 2.
2. If the property has been sold through a trustee's sale under a deed of trust pursuant to title 33,
chapter 6.1.
3. If the property has been forfeited through a contract for conveyance of real property pursuant
to title 33, chapter 6, article 3.
4. If the property has been sold by virtue of an execution and the title has been duly transferred.
5. If the property has been sold by the owner and the title has been duly transferred.
B. The remedies provided by this section do not affect the rights of persons in possession under a
lease or other possessory right which is superior to the interest sold, forfeited or executed upon.
C. The remedies provided by this section are in addition to and do not preclude any other remedy
granted by law.
12-1174. Immateriality of time possession obtained by tenant
It is not material whether a tenant received possession from his landlord or became his tenant
after obtaining possession.
12-1175. Complaint and answer; service and return
A. When a party aggrieved files a complaint of forcible entry or forcible detainer, in writing and
under oath, with the clerk of the superior court or a justice of the peace, summons shall issue no
later than the next judicial day.
B. The complaint shall contain a description of the premises of which possession is claimed in
sufficient detail to identify them and shall also state the facts which entitle the plaintiff to
possession and authorize the action.
C. The summons shall be served at least two days before the return day, and return made thereof
on the day assigned for trial.
12-1176. Demand for jury; trial procedure
A. If a jury trial is requested by the plaintiff, the court shall grant the request. If the proceeding is
in the superior court, the jury shall consist of eight persons, and if the proceeding is in the justice
court, the jury shall consist of six persons. The trial date shall be no more than five judicial days
after the aggrieved party files the complaint.
B. If the plaintiff does not request a jury, the defendant may do so on appearing and the request
shall be granted.
C. The action shall be docketed and tried as other civil actions.
12-1177. Trial and issue; postponement of trial
A. On the trial of an action of forcible entry or forcible detainer, the only issue shall be the right
of actual possession and the merits of title shall not be inquired into.
B. If a jury is demanded, it shall return a verdict of guilty or not guilty of the charge as stated in
the complaint. If a jury is not demanded the action shall be tried by the court.
C. For good cause shown, supported by affidavit, the trial may be postponed for a time not to
exceed three calendar days in a justice court or ten calendar days in the superior court.
12-1178. Judgment; writ of restitution; limitation on issuance; criminal violation; notice
A. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court
shall give judgment for the plaintiff for restitution of the premises, for all charges stated in the
rental agreement and for damages, attorney fees, court and other costs and, at the plaintiff's
option, all rent found to be due and unpaid through the periodic rental period, as described in
section 33-1314, subsection C, as provided for in the rental agreement, and shall grant a writ of
restitution. The person designated by the judge to prepare the judgment shall ensure that the
defendant's social security number is not contained on the judgment.
B. If the defendant is found not guilty of forcible entry and detainer or forcible detainer,
judgment shall be given for the defendant against the plaintiff for damages, attorney fees and
court and other costs, and if it appears that the plaintiff has acquired possession of the premises
since commencement of the action, a writ of restitution shall issue in favor of the defendant.
C. No writ of restitution shall issue until the expiration of five calendar days after the rendition of
judgment. The writ of restitution shall be enforced as promptly and expeditiously as possible.
The issuance or enforcement of a writ of restitution shall not be suspended, delayed or otherwise
affected by the filing of a motion to set aside or vacate the judgment or similar motion unless a
judge finds good cause.
D. A defendant who is lawfully served with a writ of restitution and who remains in or returns to
the dwelling unit, as defined in section 33-1310, or remains on or returns to the mobile home
space, as defined in section 33-1409, or the recreational vehicle space, as defined in section 332102, without the express permission of the owner of the property or the person with lawful
control of the property commits criminal trespass in the third degree pursuant to section 13-1502.
E. If the defendant is found guilty of forcible entry and detainer or forcible detainer, the court
shall give the defendant notice that a defendant who is lawfully served with a writ of restitution
and who remains in or returns to the dwelling unit or remains on or returns to the mobile home
space or the recreational vehicle space without the express permission of the owner of the
property or the person with lawful control of the property commits criminal trespass in the third
degree pursuant to section 13-1502.
12-1179. Appeal to superior court; notice; bond
A. Either party may appeal from a justice court to the superior court in the county in which the
judgment is given by giving notice as in other civil actions within five calendar days after
rendition of the judgment pursuant to this section. The appeal shall be filed in accordance with
this section, and the time to appeal shall not be extended or otherwise affected by the filing of a
motion to set aside or vacate the judgment or similar motion.
B. A party seeking to appeal a judgment shall file with the notice of appeal a bond for costs on
appeal. The justice of the peace shall set the bond in an amount sufficient to cover the costs on
appeal. The bond shall be payable to the clerk of the justice court. If a party is unable to file a
bond for costs on appeal, the party shall file with the justice court a notice of appeal along with
an affidavit stating that the party is unable to give bond for costs on appeal and the reasons there
for. Within five court days after the filing of the affidavit, any other party may file, in the justice
court, objections to the affidavit. The justice of the peace shall hold a hearing on the affidavit and
objections within five court days thereafter. If the justice court sustains the objections, the
appellant shall file, within five court days thereafter, a bond for costs on appeal as provided for
in this section or in such lesser amount as ordered by the justice court.
C. A party seeking to appeal a judgment may stay the execution of either the judgment for
possession or any judgment for money damages by filing a supersedeas bond. The justice court
shall hold a hearing on the motion within five court days after the parties advise the justice court
of their failure to stipulate on the amount of the bond. The stay is effective when the supersedeas
bond or bonds are filed.
D. The party seeking to stay the execution of the judgment for possession shall file a supersedeas
bond in the amount of rent accruing from the date of the judgment until the next periodic rental
date, together with costs and attorney fees, if any. The tenant shall pay to the clerk of the justice
court, on or before each periodic rental due date during the pendency of the appeal, the amount
of rent due under the terms of the lease or rental agreement. Such amounts shall be made payable
by the justice court to the owner, landlord or agent as they accrue to satisfy the amount of
periodic rent due under the lease or rental agreement. In all cases where the rent due under the
terms of the lease or rental agreement is paid through the justice court as set forth in this
subsection, the order of the court may include a one-time handling fee in the amount of ten
dollars to be paid by the party seeking to stay the execution of the judgment for possession. In no
event shall the amounts paid per month exceed the amount of monthly rent charged by the owner
for the premises. If the tenant raises habitability as provided for in sections 33-1324 and 33-1364
as an affirmative defense to the nonpayment of rent or the tenant has filed a counterclaim
asserting a habitability issue, the justice court shall retain all money paid under this subsection
pending a final judgment.
E. If during the pendency of the appeal the party seeking to stay the execution of the judgment
for possession fails to pay the rent on the periodic rental due date, the party in whose favor a
judgment for possession was issued may move the justice court to lift the stay of the execution of
the judgment for possession. The justice court shall hear the motion to lift the stay of the
execution of the judgment for possession and release accrued monies, if any, within five court
days from the failure of the party to pay the periodic rent due under the terms of the lease or
rental agreement. If the judgment appealed from involves a finding of a material and irreparable
breach pursuant to section 33-1368 or section 33-1476, subsection D, paragraph 3 the justice
court shall treat it as an emergency matter and conduct a hearing on a motion to lift the stay of
execution of the writ of restitution within three days. If the third day is a Saturday, Sunday or
other legal holiday, the hearing shall be held on the next day thereafter.
F. The party seeking to stay the execution of the judgment for money damages shall file a
supersedeas bond in the amount of the judgment, together with costs and attorney fees, if any.
The amount of the bond shall be fixed by the court and payable to the clerk of the justice court.
12-1180. Stay of proceedings on judgment; record on appeal
When the appeal bond is filed and approved, the justice of the peace shall stay further
proceedings on the judgment and immediately prepare a list of all entries on the justice's docket
in the action and transmit it, together with all the original papers, to the clerk of the superior
court of the county in which the trial was had.
12-1181. Trial and judgment on appeal; writ of restitution
A. On trial of the action in the superior court, appellee, if out of possession and the right of
possession is adjudged to him, shall be entitled to damages for withholding possession of the
premises during pendency of the appeal and the court shall also render judgment in favor of
appellee and against appellant and the sureties on his bond for damages proved and costs.
B. The writ of restitution or execution shall be issued by the clerk of the superior court and shall
be executed by the sheriff or constable as in other actions.
12-1182. Appeal to supreme court; stay and bond
A. In a forcible entry or forcible detainer action originally commenced in the superior court, an
appeal may be taken to the supreme court as in other civil actions.
B. The appeal, if taken by the party in possession of the premises, shall not stay execution of the
judgment unless the superior court so orders, and appellant shall file a bond in an amount fixed
and approved by the court, conditioned that appellant will prosecute the appeal to effect and will
pay the rental value of the premises pending the appeal and all damages, costs, and rent adjudged
against him by the superior court or the supreme court.
12-1183. Proceedings no bar to certain actions
The proceedings under a forcible entry or forcible detainer shall not bar an action for trespass,
damages, waste, rent or mesne profits.
Droit de superficie
Signification en droit français
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