HB 2573: landlord; tenant; fee disclosure; waiver

Sponsor:   Representative Powers Hannley, LD 9

House Engrossed

Overview

Specifies certain landlord disclosure requirements.

History

Pursuant to A.R.S.   33-1322, a landlord or person authorized to enter into agreement on behalf of the landlord must disclose, at or before the commencement of tenancy, the name and address of the person managing the premises and the owner of the premises. This information must be kept current and refurnished to the tenant upon request. Noncompliance with disclosure and rental agreement provisions is deemed a material noncompliance by the landlord or the tenant.

Under current law, a landlord is not required to accept a partial payment of rent or other charges; however, accepting a partial payment of rent retains the landlord's right to proceed against the 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. A landlord   s acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord   s right to terminate the rental agreement for any breach by the tenant (A.R.S.   33-1371).

Provisions

1.   Requires the landlord, at or before the commencement of tenancy, to disclose any additional fees or costs that are charged to the tenant and that are not included in the periodic rental rate.

a)   Excludes any changes in fees, costs, charges or taxes which are permitted by law. (Sec. 1)

2.   Removes the requirement for the landlord to tender and deliver a signed copy of a rental agreement to the tenant and for the tenant to sign and deliver a copy of such rental agreement to the landlord. (Sec.1)

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