Arizona HB 2863: landlord tenant; eviction; personal property

Bill Text

HB2863 - 572R - I Ver 

 REFERENCE TITLE: landlord tenant; eviction; personal property

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 2863

 Introduced by 

 Representative 
 Nguyen

AN 
ACT

amending section 33-1368, Arizona Revised 
Statutes; relating to the Arizona residential landlord and tenant act.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 33-1368, Arizona Revised 
Statutes, is amended to read:

START_STATUTE33-1368. Noncompliance with rental agreement by tenant; failure to pay rent; 
utility discontinuation; liability for guests; definition

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 
on 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 includes the following untrue or misleading information about 
the:

1. Number of occupants in the dwelling unit, pets, 
income of the 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 
on 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, which may 
include an illegal discharge of a weapon, homicide as prescribed in sections 13-1102, 
13-1103, 13-1104 and 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 13-1202, 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.� 
The foregoing list of actions, which may constitute a 
material and irreparable breach of a tenant's lease, is 
not exhaustive.

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 
33-134