A.R.S. § 33-1343 — Arizona Code / Title 33 / Chapter 10 / Article 3 / Section 1343
33-1343 Access
Status: in_force

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 section.

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.
A.R.S. § 33-1259 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1259
33-1259 Association as trustee
Status: in_force

33-1259. Association as trustee

With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
A.R.S. § 33-708 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 708
33-708 Release by attorney in fact
Status: in_force

33-708. Release by attorney in fact

An attorney in fact to whom the money due on a mortgage or deed of trust is paid may execute the release provided for in this article. Such acknowledgment of satisfaction or deed of release, duly acknowledged and recorded, showing the docket and page or recording number, releases the mortgage or deed of trust and revests in the mortgagor or person who executed the deed of trust, or his legal representatives, all title to the property affected by the mortgage or deed of trust.
A.R.S. § 33-904 — Arizona Code / Title 33 / Chapter 7 / Article 1 / Section 904
33-904 Duration of lien
Status: in_force

33-904. Duration of lien

A lien provided for in this article is not impressed upon a crop for a longer period than six calendar months after the claim is filed, unless a civil action is commenced within that time to foreclose the lien.
A.R.S. § 33-424 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 424
33-424 Representation of legal requirement; enforcement; private action; damages; violation; classification
Status: in_force

33-424. Representation of legal requirement; enforcement; private action; damages; violation; classification

A. It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials, contracts or by any other means any of the following:

1. That such a disclosure report is required by any law to be purchased.

2. That a buyer, a seller or a person licensed pursuant to title 32, chapter 20 who represents a buyer or seller is required to comply with section 33-423 by purchasing a third party disclosure report.

3. That the third party provider offers protection from liability for or provides information about property conditions that are not the subject of the third party provider report or that are not within the current ability of the third party provider to provide.

B. An act or practice in violation of this section or section 33-423, subsection B, paragraph 2 is subject to enforcement through private action and prosecution by the attorney general or by the county attorney of the county in which the real property is located.

C. A person who receives marketing materials, contracts or other communication in violation of this section may bring an action pursuant to this section in any court of competent jurisdiction in the county in which the real property is located.

D. In addition to any other remedies provided by law, a third party provider who offers a disclosure report pursuant to section 33-423 and who is found to have violated this section is liable to the party receiving the marketing materials, contracts or other communication for damages of not more than two thousand dollars per occurrence.  In any action brought pursuant to this section the prevailing party shall be awarded reasonable attorney fees and costs.

E. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.
A.R.S. § 33-1431 — Arizona Code / Title 33 / Chapter 11 / Article 2 / Section 1431
33-1431 Security deposits
Status: in_force

33-1431. Security deposits

A. A landlord shall not demand or receive as security, however denominated, prepaid rent in an amount or value in excess of two months' rent. This subsection does not prohibit a tenant from voluntarily paying more than two months' rent in advance.

B. The landlord shall pay not less than five per cent annual interest on any damage, security, cleaning or landscaping deposit required by a landlord of a tenant. The landlord shall either pay the interest annually or compound the interest annually.

C. Upon termination of the tenancy, any security deposit, less any accrued rent and damages, if applicable, shall be returned to the tenant within fourteen days.  The security deposit may be applied to the payment of accrued rent and the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with section 33-1451 if it is itemized by the landlord in a written notice delivered to the tenant together with the amount due within fourteen days of termination of the tenancy and delivery of possession by the tenant.

D. If the landlord fails to comply with subsections B and C 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.

E. This section does not preclude the landlord or tenant from recovering other damages to which he may be entitled under this chapter.

F. The holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this section.

G. The amount of any security deposit shall not be changed after the tenant executes the initial rental agreement.
A.R.S. § 33-1361 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1361
33-1361 Noncompliance by the landlord
Status: in_force

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.
A.R.S. § 33-537 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 537
33-537 Duty and liability of recorder
Status: in_force

33-537. Duty and liability of recorder

A. The recorder shall record an amendment submitted under this article, add the amendment to the index and cross reference the amendment to the document containing the unlawful restriction.

B. The recorder and the county are not liable for recording an amendment under this article.
A.R.S. § 33-1485 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1485
33-1485 Special detainer actions; service; trial postponement
Status: in_force

33-1485. Special detainer actions; service; trial postponement

A. Special detainer actions shall be instituted for remedies prescribed in section 33-1476, subsection D, paragraph 3. 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 that is at least three days but not more than six 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 shall be 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 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. If after the hearing the court finds by a preponderance of the evidence that the material and irreparable breach did occur, the court shall order restitution in favor of the plaintiff at least twelve but not more than twenty-four hours later.

E. 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 and shall grant a writ of restitution.

F. 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.
A.R.S. § 33-1228 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1228
33-1228 Termination of condominium
Status: in_force

33-1228. Termination of condominium

A. Except as provided in subsection B of this section, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent of the votes in the association are allocated, or any larger percentage the declaration specifies, except:

1. In the case of a taking of all the units by eminent domain.

2. If the declaration specifies a smaller percentage, but only if all of the units in the condominium are restricted exclusively to nonresidential uses.

B. A condominium created on or after September 24, 2022 may be terminated only by agreement of unit owners of units to which ninety-five percent of the votes in the association are allocated, or any larger percentage the declaration specifies, except as provided in subsection A, paragraph 1 or 2 of this section.

C. At least thirty days before recording a termination agreement, the board of directors of the association shall convene a regular or special meeting of the board of directors at which a person or entity that purports to have the agreement of at least the percentage of the votes in the association specified in subsection A or B of this section, as applicable, or any larger percentage if required, shall produce and make available to the unit owners copies of a signed notarized statement that the owner of a unit has executed a termination agreement.  The person or entity shall produce copies of a statement for each unit owner who has agreed to the termination, or may produce the signed termination agreement that includes a sufficient number of unit owners.  Any meeting called pursuant to this subsection shall be noticed as otherwise provided by law, except that the board may not take action by written consent or any other method that does not provide for an actual meeting that is open to all the unit owners. Any termination agreement that is recorded without full compliance with this subsection is invalid.

D. An agreement to terminate shall be evidenced by the execution or ratifications of a termination agreement, in the same manner as a deed, by the requisite number of unit owners. The termination agreement shall specify a date after which the agreement will be void unless it is recorded before that date. A termination agreement and all ratifications of a termination agreement shall be recorded in each county in which a portion of the condominium is situated and is effective only on recordation.

E. A termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real estate in the condominium is to be sold following termination, the termination agreement shall set forth the minimum terms of the sale.

F. The association, on behalf of the unit owners, may contract for the sale of real estate in the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections A, B, C and D of this section. If any real estate in the condominium is to be sold following termination, title to that real estate on termination vests in the association as trustee for the holders of all interest in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds of the sale distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale shall be distributed to unit owners and lienholders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection I of this section. Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit owner's unit. During the period of that occupancy, each unit owner and the successors in interest remain liable for all assessments and other obligations imposed on unit owners by this chapter or the declaration.

G. If the real estate constituting the condominium is not to be sold following termination, title to all the real estate in the condominium vests in the unit owners on termination as tenants in common in proportion to their respective interests as provided in subsection I of this section, and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and the unit owner's successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit owner's unit.

H. Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear. Following termination, creditors of the association holding liens on the units that were recorded before termination may enforce those liens in the same manner as any lienholder.

I. The respective interests of unit owners referred to in subsections F, G and H of this section are as follows:

1. Except as provided in paragraph 2 of this subsection, the respective interests of unit owners are the fair market values of their units, limited common elements and common element interests immediately before the termination, their pro rata share of any monies in the association's reserve fund and the operating account and an additional five percent of that total amount for relocation costs. An independent appraiser selected by the association shall determine the total fair market values. The determination of the independent appraiser shall be distributed to the unit owners and becomes final unless disapproved within sixty days after distribution to the unit owner. Any unit owner may obtain a second independent appraisal at the unit owner's expense and, if the unit owner's independent appraisal amount differs from the association's independent appraisal amount by five percent or less, the higher appraisal is final. If the total amount of compensation owed as determined by the second appraiser is more than five percent higher than the amount determined by the association's appraiser, the unit owner shall submit to arbitration by an arbitrator affiliated with a national arbitration association and under the rules of that association at the association's expense and the arbitration amount is the final sale amount. As part of the arbitration process, the appraisers shall fully disclose their appraisal methodologies and shall disclose any other transaction occurring between the buyer and the sellers. An additional five percent of the final sale amount shall be added for relocation costs.

2. If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value of the unit or element before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.

J. Except as provided in subsection K of this section, foreclosure or enforcement of a lien or encumbrance against the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium does not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title may require from the association, on request, an amendment excluding the real estate from the condominium.

K. If a lien or encumbrance against a portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance, on foreclosure, may record an instrument excluding the real estate subject to that lien or encumbrance from the condominium.

L. The provisions of subsections E, F, G, H, J and K of this section do not apply if the original declaration, an amendment to the original declaration recorded before the conveyance of any unit to an owner other than the declarant or an agreement by all of the unit owners contains provisions inconsistent with these subsections.

M. Beginning on August 3, 2018, any provisions in the declaration that conflict with subsection I, paragraph 1 of this section are void as a matter of public policy.
A.R.S. § 33-411 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 411
33-411 Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception
Status: in_force

33-411. Invalidity of unrecorded instrument as to bona fide purchaser; acknowledgment required for proper recording; recording of instruments acknowledged in another state; exception

A. No instrument affecting real property gives notice of its contents to subsequent purchasers or encumbrance holders for valuable consideration without notice, unless recorded as provided by law in the office of the county recorder of the county in which the property is located.

B. An instrument shall not be deemed lawfully recorded unless it has been previously acknowledged in the manner prescribed in this chapter or title 41, chapter 2, article 1 except in the case of master mortgages as provided in section 33-415.

C. For the purposes of this section, an instrument that affects real property containing any defect, omission or informality in the certificate of acknowledgment, or for which there is any failure to perform a duty or meet a requirement in the taking of the acknowledgment, and that has been recorded in the office of the county recorder of the county in which the property is located shall be deemed to have been lawfully recorded on and after the date of its recording.

D. An instrument affecting real property in this state executed and acknowledged in accordance with the laws of any other state shall be valid and entitled to record as if executed and acknowledged in accordance with the laws of this state.

E. Letters patent from the United States or any grant from the government, executed and authenticated pursuant to law, may be recorded without further acknowledgment.
A.R.S. § 33-418 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 418
33-418 Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico
Status: in_force

33-418. Recording of conveyances recorded prior to 1865 or recorded in New Mexico or Republic of Mexico

A. Deeds or other conveyances recorded prior to January 1, 1865 in the office of any probate court in the state may be transcribed from the records of such court by the county recorder, and records of conveyance of lands within this state heretofore recorded in the state of New Mexico or the Republic of Mexico, upon being properly certified by the officer having charge of such records, may be recorded by the county recorder in the appropriate county of this state.

B. This section shall not affect or bind in any manner any person or party who has constructive notice of the existence of any deed or other instrument in writing as a recorded deed or instrument except after January 1, 1865.
A.R.S. § 33-1324 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1324
33-1324 Landlord to maintain fit premises
Status: in_force

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 if:

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 premises.
A.R.S. § 33-1480 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1480
33-1480 Landlord liens; distraint for rent abolished
Status: in_force

33-1480. Landlord liens; distraint for rent abolished

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.
A.R.S. § 33-1321 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1321
33-1321 Security deposits
Status: in_force

33-1321. Security deposits

A. A landlord shall not demand or receive security, however denominated, including prepaid rent in an amount or value of more than 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 is refundable.

C. On 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. On 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. On 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. If the tenant does not dispute the deductions or the amount due and payable to the tenant within sixty days after the itemized list and amount due are mailed as prescribed by this subsection, the amount due to the tenant as set forth in the itemized list with any amount due is deemed valid and final and any further claims of the tenant are waived.

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.
A.R.S. § 33-1222 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1222
33-1222 Relocation of boundaries between adjoining units
Status: in_force

33-1222. Relocation of boundaries between adjoining units

If the declaration expressly permits, the boundaries between or among adjoining units may be relocated by an amendment to the declaration. The owners of the units shall prepare an amendment to the declaration, including the plat, that identifies the units involved, specifies the altered boundaries of the units and their dimensions and includes the units' identifying numbers. If the owners of the adjoining units have specified a reallocation between their units of the allocated interests, the amendment shall state the proposed reallocation in a reasonable manner. The amendment shall be executed by the owners of those units, shall contain words of conveyance between or among them and, before recording the amendment, shall be submitted to the board of directors. Unless the board of directors determines within thirty days that the proposed amendment is unreasonable, which determination shall be in writing and specifically state the reasons for disapproval, the association shall execute its approval and record the amendment.
A.R.S. § 33-272 — Arizona Code / Title 33 / Chapter 2 / Article 4 / Section 272
33-272 Creation, conveyance, acceptance and duration; impairment; recording; county assessor; valuation
Status: in_force

33-272. Creation, conveyance, acceptance and duration; impairment; recording; county assessor; valuation

A. Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. For the purposes of this article, conservation easements shall be voluntarily created and shall not be required by a political subdivision or governmental entity. This article neither limits nor enlarges the power or purposes of eminent domain, zoning, subdivision regulations or any right of condemnation under the laws of this state.  Any assignment, release, modification, termination or other document altering or affecting a conservation easement need only be executed or approved in writing by the current owner of the real property that is burdened by the conservation easement, the holder of the conservation easement and any governmental body, charitable corporation or trustee of a charitable trust having a third-party right of enforcement.

B. No right or duty in favor of or against a holder and no right in favor of a governmental body, charitable corporation or trustee of a charitable trust having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

C. Except as provided in section 33-273, subsection B, a conservation easement is unlimited in duration unless the instrument creating it otherwise provides.

D. An interest in real property in existence at the time the conservation easement is created is not impaired by a conservation easement unless the owner of the interest is a party to the conservation easement or consents in writing to the conservation easement by an instrument acknowledged and recorded in the office of the county recorder of the county in which the affected real property is located.

E. The holder of the conservation easement shall provide for the recording of the conservation easement and the recording of its acceptance.  The holder of the conservation easement also shall prepare and provide the information prescribed by section 42-12058 to the county assessor for each county in which any portion of the real property that is burdened by the conservation easement is located.

F. For the purposes of determining the full cash value of a conservation easement created pursuant to this section, the department of revenue or a county assessor shall use and apply standard appraisal practices and techniques unless a statutory formula takes precedence.
A.R.S. § 33-1246 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1246
33-1246 Bylaws
Status: in_force

33-1246. Bylaws

A. At the time the unit owners' association is organized, the association shall adopt bylaws which provide for each of the following:

1. The number of members of the board of directors and the titles of the officers of the association.

2. Election by the board of directors of a president, treasurer, secretary and any other officers of the association which the bylaws specify.

3. The qualifications, powers and duties, terms of office and manner of electing and removing board members and officers and filling vacancies.

4. Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent.

5. Which of its officers may execute, certify and record amendments to the declaration on behalf of the association.

6. The method of amending the bylaws.

B. Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
A.R.S. § 33-1322 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1322
33-1322 Disclosure and tender of written rental agreement
Status: in_force

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.
A.R.S. § 33-725 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 725
33-725 Judgment of foreclosure; contents; sale of property; resale
Status: in_force

33-725. Judgment of foreclosure; contents; sale of property; resale

A. When a mortgage or deed of trust is foreclosed, the court shall give judgment for the entire amount determined due, and shall direct the mortgaged property, or as much thereof as is necessary to satisfy the judgment, to be sold.

B. Judgments for the foreclosure of mortgages and other liens shall provide that the plaintiff recover his debt, damages and costs, with a foreclosure of the plaintiff's lien on the property subject to the lien, and, except in judgments against executors, administrators and guardians, that a special execution issue to the sheriff or any constable of the county where the property is located, directing him to seize and sell the property as under execution, in satisfaction of the judgment. If the property cannot be found, or if the proceeds of the sale are insufficient to satisfy the judgment, then if so ordered by the court the sheriff shall take the money or any balance thereof remaining unpaid out of any other property of the defendant except as provided in sections 33-729 and 33-730. All execution upon judgments for foreclosure of a mortgage or deed of trust upon real property shall comply with section 12-1566. Any sale of real property to satisfy a judgment under this section or section 33-814 shall be a credit on the judgment in the amount of either the fair market value of the real property or the sale price of the real property at sheriff's sale, whichever is greater, in accordance with section 12-1566.

C. If the debt for which the lien is held is not all due, as soon as enough of the property is sold to pay the amount due, with costs, the sale shall cease, and afterward as often as more becomes due for principal and interest, the court may, on motion, order more property sold. If the property cannot be sold in portions without injury to the parties, the whole may be ordered sold in the first instance and the entire debt and costs paid, allowing a rebate of interest where proper.
A.R.S. § 33-816 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 816
33-816 Limitation on action or sale of trust property
Status: in_force

33-816. Limitation on action or sale of trust property

The trustee's sale of trust property under a trust deed shall be made, or any action to foreclose a trust deed as provided by law for the foreclosure of mortgages on real property shall be commenced, within the period prescribed by law for the commencement of an action on the contract secured by the trust deed.
A.R.S. § 33-1103 — Arizona Code / Title 33 / Chapter 8 / Article 1 / Section 1103
33-1103 Homestead exemption; extent of exemption; exceptions
Status: in_force

33-1103. Homestead exemption; extent of exemption; exceptions

A. Real property that is subject to the homestead exemption provided for in section 33-1101, subsection A is exempt from involuntary sale under a judgment or lien, except in connection with:

1. A consensual lien, including a mortgage or deed of trust, or contract of conveyance.

2. A lien for labor or materials claimed pursuant to section 33-981.

3. A lien for child support arrearages or spousal maintenance arrearages. An award of court ordered support is not a lien for the purposes of this paragraph unless one of the following applies:

(a) An arrearage has been reduced to judgment.

(b) A lien exists pursuant to section 25-516.

(c) The court orders a specific security interest of the property for support.

4. A recorded civil judgment or other nonconsensual lien that is not otherwise prescribed in this subsection if the debtor's equity in the real property exceeds the homestead exemption under section 33-1101.

B. A sale as described in subsection A of this section and not excepted by subsection A, paragraph 1, 2, 3 or 4 of this section is invalid and does not convey an interest in the homestead property, whether made under a judgment existing before or after the homestead is established.

C. In a contempt proceeding brought to enforce payment of any form of child support or spousal maintenance, the court may consider the portion of property claimed as exempt pursuant to section 33-1101, subsection A, as a resource from which an obligor has the ability to pay.
A.R.S. § 33-1201 — Arizona Code / Title 33 / Chapter 9 / Article 1 / Section 1201
33-1201 Applicability
Status: in_force

33-1201. Applicability

This chapter applies to all condominiums created within this state without regard to the date the condominium was created.
A.R.S. § 33-133 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 133
33-133 Ground markings of system; accuracy specifications; horizontal control stations
Status: in_force

33-133. Ground markings of system; accuracy specifications; horizontal control stations

A. The position of the Arizona coordinate system shall be marked on the ground by horizontal control stations which have been established in conformity with standards adopted by the federal geodetic control committee for first order, second order class I or second order class II surveys or equivalent standards adopted by successors, at the time the surveys were made and computed on the North American datum, 1983.

B. A horizontal control station normally consists of, if practicable, a group of bronze or brass discs imbedded in concrete posts nearly flush with the ground surface or cemented into holes drilled into rock outcrops or ledges in such a configuration that the station is referenced by a subsurface mark in a precise vertical register with the surface mark, two reference marks, similar to the surface mark accurately located by azimuth and horizontal distance in respect to the horizontal control station and not more than one hundred fifty feet distant and an azimuth mark which may be similar to the horizontal control station not less than one thousand feet distant, or optionally, an object not less than three thousand feet distant such as a church spire, water tank, radio or television transmitting antenna, by which azimuth mark subsequent surveys may be accurately oriented.

C. Horizontal control stations shall be established, if practicable, in proximity to road intersections, hill or mountain tops and similar locations as an aid in the field searches for the horizontal control stations.
A.R.S. § 33-1066 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1066
33-1066 Attorney fees
Status: in_force

33-1066. Attorney fees

In any action against an owner or construction lender to enforce payment of a claim stated in a bonded stop notice, the prevailing party shall be awarded reasonable attorney fees from the party held liable by the court for payment of the claim.
A.R.S. § 33-1249 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1249
33-1249 Quorums; applicability
Status: in_force

33-1249. Quorums; applicability

A. Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast at least twenty-five per cent of the votes in the association are present in person or by proxy at the beginning of the meeting.

B. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board of directors if persons entitled to cast at least fifty per cent of the votes on that board are present at the beginning of the meeting.

C. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
A.R.S. § 33-276 — Arizona Code / Title 33 / Chapter 2 / Article 4 / Section 276
33-276 Applicability
Status: in_force

33-276. Applicability

A. This article applies to any interest created after its effective date which complies with this article, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement or otherwise.

B. This article does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement or otherwise, that is enforceable under any other law of this state.
A.R.S. § 33-1219 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1219
33-1219 Plat
Status: reserved

33-1219. Plat

A. The plat is a part of the declaration. The plat must be clear and legible.

B. The plat shall show:

1. The name of the condominium.

2. The boundaries of the condominium and a legal description of the real estate included in the condominium.

3. The extent of any encroachments on any portion of the condominium.

4. To the extent feasible, the location and dimensions of all easements serving or burdening any portion of the condominium.

5. The location and dimensions of the vertical boundaries of each unit, and each unit's identifying number.

6. Any horizontal unit boundaries, with reference to an established datum, and each unit's identifying number.

7. Any units with respect to which the declarant has reserved the right to create additional units or common elements, identified appropriately.

8. The location and dimensions of all real estate subject to the development right of withdrawal identified as such.

9. The location and dimensions of all real estate in which the unit owner will only own an estate for years labeled as a "leasehold condominium".

10. The distance between noncontiguous parcels of real estate comprising the condominium.

11. The location and dimensions of limited common elements, including porches, balconies, patios and entryways, other than the limited common elements described in section 33-1212, paragraphs 2 and 4.

12. Any other matters the declarant deems appropriate.

C. Unless the declaration provides otherwise, the horizontal boundaries of a part of a unit located outside of a building have the same elevation as the horizontal boundaries of the inside part and need not be depicted on the plat.

D. On exercising any development right, the declarant shall record a new plat conforming to the requirements of subsections A and B of this section. No new plat need be recorded if the development right exercised was clearly depicted on the original plat and a document is recorded which references the declaration and original plat and declares that the development right has been exercised.
A.R.S. § 33-803.01 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 803.01
33-803.01 Trustee of trust deed; delegation of duties
Status: in_force

33-803.01. Trustee of trust deed; delegation of duties

A. A trustee shall not delegate the following duties:

1. The preparation and execution of any of the following:

(a) The notice of trustee sale.

(b) The cancellation of notice of sale.

(c) The trustee's deed upon sale.

2. The receipt and response to requests for reinstatement or payoff amounts.

B. This section does not prohibit the trustee from using clerical or office staff employed by the trustee and under the trustee's direct and immediate supervision to assist in the duties prescribed by subsection A.
A.R.S. § 33-1071 — Arizona Code / Title 33 / Chapter 7 / Article 10 / Section 1071
33-1071 Commercial real estate broker lien; definition
Status: in_force

33-1071. Commercial real estate broker lien; definition

A. Except as prescribed by subsection C, an employing real estate broker pursuant to title 32, chapter 20 has a lien against real property for the amount of compensation that is agreed to be paid to the broker by the owner of the real property for the broker's services in the lease or rental of the real property. The lien is created only if all of the following apply:

1. There is a written agreement between the broker and the owner of the real property that provides for the payment of a commission or other compensation to that broker for the broker's services in a real estate transaction and that agreement discloses in the same size type as the majority of the remainder of the agreement above the portion of the agreement calling for the signature of the owner of the real property that the failure to pay the agreed upon commission or compensation may give rise to lien rights as provided by this article.

2. The broker produces a person or entity that is ready, willing and able to lease or rent the real property on the terms provided in the written agreement between the broker and the owner of the real property or on terms that are otherwise acceptable to the owner as evidenced by a written instrument that is signed by the owner.

3. The broker fully complies with sections 33-1072 and 33-1073.

4. All of the conditions for the payment of the commission or other compensation described in the written agreement have been satisfied.

B. Mechanics' and materialmen's lien rights established pursuant to title 33, chapter 7, article 6 have priority over the lien rights created by this article.

C. Consensual liens, mortgages and deeds of trust that are recorded before the recordation of the broker's preliminary notice of intent to lien have priority over the lien rights created by this article and over the notice of commercial real estate broker lien recorded pursuant to this article.

D. Real property is not subject to a commercial real estate broker lien pursuant to this article if either of the following apply:

1. The real property is conveyed to a bona fide purchaser for value before the recordation of a broker's preliminary notice of intent to lien.

2. It is encumbered by a bona fide lender for value before the recordation of a broker's preliminary notice of intent to lien.

E. Except as provided in subsection D of this section, the lien rights provided by this article apply to all commercial real property and do not apply to any transaction involving either of the following:

1. Residential real property with fewer than five residential units.

2. Real property on which single family mobile home lots, manufactured housing lots, residences or condominiums are sold unit by unit.

F. For purposes of this article, "real property" or "subject real property" means the real property interest that is owned by the person who is the party to the agreement with the broker as prescribed by this section.
A.R.S. § 33-1022 — Arizona Code / Title 33 / Chapter 7 / Article 7 / Section 1022
33-1022 Garages; aircraft
Status: in_force

33-1022. Garages; aircraft

A. Proprietors of garages and repair and service stations shall have a lien upon motor vehicles of every kind and aircraft, and the parts and accessories placed thereon, for labor, materials, supplies and storage for the amount of the charges, when the amount of the charges is agreed to by the proprietor and the owner.

B. The lien shall not impair any other lien or conditional sale of record at the time the labor, materials, supplies and storage were commenced to be furnished, unless furnished with the knowledge and consent of the record lienor or vendor.

C. If a proprietor has a lien on an aircraft pursuant to subsection A of this section, the proprietor who provides labor, materials, supplies and storage for aircraft may relinquish possession of the aircraft and retain the lien by recording the lien with the county recorder of the county in which the labor, materials, supplies or storage were provided. The lien shall be filed with the county recorder within thirty days after possession is relinquished. In addition, the proprietor may record the lien with the federal aviation administration aircraft registry. A lien filed with the federal aviation administration aircraft registry shall comply with all requirements of federal law and shall accurately describe the aircraft, list the amount of the claim, list the date on which the labor, materials, supplies or storage were last furnished, be signed by the claimant showing the title of the signer, if appropriate, and be accompanied by the recording fee.

D. A lien which is filed with a county recorder pursuant to subsection C of this section does not bind a purchaser of the aircraft without actual notice of the lien unless the lien has also been recorded with the federal aviation administration aircraft registry. A lien authorized under subsection C of this section may be foreclosed only by an action in court.

E. When an aircraft lien which has been recorded under this section has been satisfied, the lienholder within thirty days after satisfaction shall issue a release of the lien to the person against whom the lien was claimed and shall record the release of that lien in the county in which the lien was recorded and with the federal aviation administration aircraft registry, if the lien was recorded there. Failure to record a release upon satisfaction of the lien shall subject the lienholder to the penalties prescribed in section 33-712.
A.R.S. § 33-1454 — Arizona Code / Title 33 / Chapter 11 / Article 3 / Section 1454
33-1454 Tenant to occupy as a dwelling unit; authority to sublet
Status: in_force

33-1454. Tenant to occupy as a dwelling unit; authority to sublet

A. Unless otherwise agreed, the tenant shall occupy the tenant's mobile home only as a dwelling unit and may sublet, upon written agreement with the park management.

B. If a landlord adopts a policy of permitting subleasing, the landlord shall not unreasonably withhold approval of subleases and subtenants.  A landlord may adopt a policy that prohibits subleasing, but that policy is not effective against any subleasing that had been approved by the landlord and that was in effect at the time the subleasing prohibition was adopted.

C. This section shall not be construed to require any landlord to permit subleasing of spaces.
A.R.S. § 33-1032 — Arizona Code / Title 33 / Chapter 7 / Article 8 / Section 1032
33-1032 Place of filing or recording
Status: in_force

33-1032. Place of filing or recording

A. Notices of liens, certificates and other notices affecting federal tax liens or other federal liens shall be filed or recorded in accordance with this article.

B. Notices of liens on real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed or recorded in the office of the county recorder in the county in which the real property subject to the liens is situated.

C. Notices of federal liens on personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed or recorded as follows:

1. If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state.

2. If the person against whose interest the lien applies is a trust that is not covered by paragraph 1, in the office of the secretary of state.

3. If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state.

4. In all other cases, in the office of the county recorder in the county where the person against whose interest the lien applies resides at the time of filing or recording of the notice of lien.
A.R.S. § 33-343 — Arizona Code / Title 33 / Chapter 3 / Article 3 / Section 343
33-343 Premises rendered untenantable without fault of lessee; nonliability of tenant for rent; right to quit premises
Status: in_force

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.
A.R.S. § 33-1476.01 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1476.01
33-1476.01 Change in use; notices; compensation for moving expenses; payments by the landlord; applicability
Status: in_force

33-1476.01. Change in use; notices; compensation for moving expenses; payments by the landlord; applicability

A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before the change in use. The landlord may not increase rent within ninety days before giving notice of a change in use.

B. The landlord shall inform all tenants in writing about the mobile home relocation fund established by section 33-1476.02.

C. If a tenant is required to move due to a change in use or redevelopment of the mobile home park, the tenant may do any of the following:

1. Collect payment from the mobile home relocation fund for the lesser of the actual moving expenses of relocating the mobile home to a new location that is within a one hundred-mile radius of the vacated mobile home park or the maximum of $12,500 for a single section mobile home or $20,000 for a multisection mobile home. Moving expenses include the cost of stabilizing, taking down, moving and setting up the mobile home in the new location.

2. Abandon the mobile home in the mobile home park and collect an amount equal to forty percent of the maximum allowable moving expense for that mobile home from the mobile home relocation fund. To qualify for abandonment payment pursuant to this paragraph, the tenant shall deliver to the landlord the current title to the mobile home with the notarized endorsement of the owner of record together with complete releases of all liens that are shown on the title and proof that all taxes owing on the mobile home have been paid to date. The tenant shall provide a copy of these documents to the Arizona department of housing in support of the tenant's application for payment. If the tenant chooses to abandon the mobile home pursuant to this paragraph, the landlord is exempt from making the payments to the fund prescribed in subsection D of this section.

3. If a mobile home is relocated to a location outside of the vacated mobile home park and, in the sole judgment of the director, the mobile home was ground set in the mobile home park from which it was removed, the tenant may collect additional monies not to exceed $2,500 for the incremental costs of removing a ground-set mobile home. These monies are in addition to any monies provided pursuant to paragraph 1 of this subsection.

D. Except as provided in subsection C, paragraph 2 and subsection F of this section and section 33-1476.04, subsection D, if there is a change in use the landlord shall pay $500 for each single section mobile home and $800 for each multisection mobile home relocated to the fund for each tenant filing for relocation assistance with the director.

E. If a change in use occurs before the time stated in the statements of policy and the landlord does not comply with subsection A of this section and with section 33-1436 and section 33-1476, subsection H, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:

1. $500 for each mobile home space occupied by a single-section mobile home.

2. $800 for each mobile home space occupied by a multisection mobile home.

F. The landlord is not required to make the payments prescribed in subsections D and E of this section for moving mobile homes owned by the landlord or for moving a mobile home under a contract with the tenant if the tenant does not file for relocation assistance with the director.

G. If a change in use occurs within two hundred seventy days after relocations under section 33-1476.04, the landlord shall pay to the fund in addition to the monies prescribed in subsection D of this section:

1. $500 for each mobile home space occupied by a single section mobile home.

2. $800 for each mobile home space occupied by a multisection mobile home.

H. The tenant shall submit a contract for relocation of a mobile home for approval to the director within sixty days after the relocation to be eligible for payment of relocation expenses. The director must approve or disapprove the contract within fifteen days after receipt of the contract, or the contract is deemed to be approved.

I. If the contract is approved, the payment of relocation expenses shall be made to the installer when both of the following are complete:

1. The installer obtains valid permits to move the mobile or manufactured home to a new location.

2. The installer provides documentation to the department that the installation of the mobile or manufactured home at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

J. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5.  The tenant shall provide notice pursuant to section 33-1451, subsection A, paragraph 6 if the tenant relocates.

K. If this state or a political subdivision of this state exercises eminent domain and the mobile home park is sold or a sale is made to this state or a political subdivision of this state that intends to exercise eminent domain, the state or political subdivision is responsible for the relocation costs of the tenants.

L. If a tenant is vacating the premises and has informed the landlord or manager before the change-in-use notice has been given, the tenant is not eligible for compensation under this section.

M. A person who purchases a mobile home already situated in a park or moves a mobile home into a park in which a change-in-use notice has been given is not eligible for compensation under this section.

N. After delivery of the one hundred eighty-day notice prescribed by subsection A of this section, the landlord and the tenants shall inform any prospective buyer or tenant that closure of the park is pending.

O. This section does not apply to a change in use if the landlord moves a tenant to another space in the mobile home park at the landlord's expense.
A.R.S. § 33-1381 — Arizona Code / Title 33 / Chapter 10 / Article 5 / Section 1381
33-1381 Retaliatory conduct prohibited
Status: in_force

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 the following:

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 consent.

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.
A.R.S. § 33-416 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 416
33-416 Record of instrument duly recorded as notice
Status: in_force

33-416. Record of instrument duly recorded as notice

The record of a grant, deed or instrument in writing authorized or required to be recorded, which has been duly acknowledged and recorded in the proper county, shall be notice to all persons of the existence of such grant, deed or instrument, but a mortgage of real property may be recorded and constructive notice and the contents thereof given as provided in section 33-415.
A.R.S. § 33-741 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 741
33-741 Definitions
Status: in_force

33-741. Definitions

In this article, unless the context otherwise requires:

1. "Account servicing agent" means a joint agent of seller and purchaser, appointed under the contract or under a separate agreement executed by the seller and the purchaser, to hold documents and collect monies due under the contract, who does business under the laws of this state as a bank, trust company, escrow agent, savings and loan association, insurance company or real estate broker, or who is licensed, chartered or regulated by the federal deposit insurance corporation or the comptroller of the currency, or who is a member of the state bar of Arizona.

2. "Contract" means a contract for conveyance of real property, a contract for deed, a contract to convey, an agreement for sale or any similar contract through which a seller has conveyed to a purchaser equitable title in property and under which the seller is obligated to convey to the purchaser the remainder of the seller's title in the property, whether legal or equitable, on payment in full of all monies due under the contract. This article does not apply to purchase contracts and receipts, escrow instructions or similar executory contracts which are intended to control the rights and obligations of the parties to executory contracts pending the closing of a sale or purchase transaction.

3. "Monies due under the contract" means:

(a) Any principal and interest payments which are currently due and payable to the seller.

(b) Any principal and interest payments which are currently due and payable to other persons who hold existing liens and encumbrances on the property, the unpaid principal portion of which constitutes a portion of the purchase price, as stated in the contract, if the principal and interest payments were paid by the seller pursuant to the terms of the contract and to protect his interest in the property.

(c) Any delinquent taxes and assessments, including interest and penalty, due and payable to any governmental entity authorized to impose liens on the property which are the purchaser's obligations under the contract, if the taxes and assessments were paid by the seller pursuant to the terms of the contract and to protect his interest in the property.

(d) Any unpaid premiums for any policy or policies of insurance which are the obligation of the purchaser to maintain under the contract, if the premiums were paid by the seller pursuant to the terms of the contract and to protect his interest in the property.

4. "Payoff deed" means the deed that the seller is obligated to deliver to the purchaser on payment in full of all monies due under the contract to convey to the purchaser the remainder of the seller's title in the property, whether legal or equitable, as prescribed by the terms of the contract.

5. "Property" means the real property described in the contract and any personal property included under the contract.

6. "Purchaser" means the person or any successor in interest to the person who has contracted to purchase the seller's title to the property which is the subject of the contract.

7. "Seller" means the person or any successor in interest to the person who has contracted to convey his title to the property which is the subject of the contract.
A.R.S. § 33-1005 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1005
33-1005 Payments made in trust
Status: in_force

33-1005. Payments made in trust

Monies paid by or for an owner-occupant as defined in section 33-1002 to a contractor, as defined in section 32-1101, as payment for labor, professional services, materials, machinery, fixtures or tools for which a lien is not provided in this article shall be deemed for all purposes to be paid in trust and shall be held by the contractor for the benefit of the person or persons furnishing such labor, professional services, materials, machinery, fixtures or tools. Such monies shall neither be diverted nor used for any purpose other than to satisfy the claims of those for whom the trust is created and shall be paid when due to the person or persons entitled thereto. The provisions of this section shall not affect other remedies available at law or in equity.
A.R.S. § 33-361 — Arizona Code / Title 33 / Chapter 3 / Article 4 / Section 361
33-361 Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement; notice and pleading requirements
Status: in_force

33-361. Violation of lease by tenant; right of landlord to reenter; summary action for recovery of premises; appeal; lien for unpaid rent; enforcement; notice and pleading requirements

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 premises.

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 on 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 manner.

F. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer.  The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
A.R.S. § 33-1809 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1809
33-1809 Parking; public service and public safety emergency vehicles; definition
Status: in_force

33-1809. Parking; public service and public safety emergency vehicles; definition

A. Notwithstanding any provision in the community documents, an association shall not prohibit a resident from parking a motor vehicle on a street or driveway in the planned community if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and either of the following applies:

1. The resident is employed by a public service corporation that is regulated by the corporation commission, an entity regulated by the federal energy regulatory commission or a municipal utility and the public service corporation or municipal utility is required to prepare for emergency deployments of personnel and equipment for repair or maintenance of natural gas, electrical, telecommunications or water infrastructure, the vehicle has a gross vehicle weight rating of twenty thousand pounds or less and is owned or operated by the public service corporation or municipal utility and the vehicle bears an official emblem or other visible designation of the public service corporation or municipal utility.

2. The resident is employed by a public safety agency, including police or fire service for a federal, state, local or tribal agency or a private fire service provider or an ambulance service provider that is regulated pursuant to title 36, chapter 21.1, and the vehicle has a gross vehicle weight rating of ten thousand pounds or less and bears an official emblem or other visible designation of that agency.

B. For the purposes of this section, "telecommunications" means the transmission of information of the user's choosing between or among points specified by the user without change in the form or content of the information as sent and received. Telecommunications does not include commercial mobile radio services.
A.R.S. § 33-240 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 240
33-240 Ownership of rents and profits arising during suspension of power of alienation
Status: in_force

33-240. Ownership of rents and profits arising during suspension of power of alienation

When in consequence of a valid limitation of an estate in expectancy there is a suspension of the power of alienation, or ownership, during the continuance of which the rents and profits are undisposed of and no valid direction for their accumulation is given, the rents and profits belong to the person presumptively entitled to the next eventual estate.
A.R.S. § 33-2613 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2613
33-2613 Stay; injunction
Status: in_force

33-2613. Stay; injunction

A. Except as otherwise provided in subsection D of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding:

1. To obtain possession of, exercise control over or enforce a judgment against receivership property.

2. To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.

B. Except as otherwise provided in subsection D of this section, the court may enjoin an act, action or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.

C. A person whose act, action or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.

D. An order under subsection A or B of section does not operate as a stay or injunction of:

1. An act, action or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver.

2. An act, action or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.

3. Commencement or continuation of a criminal proceeding.

4. Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power.

5. Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.

E. The court may void an act that violates a stay or injunction under this section.

F. If a person knowingly violates a stay or injunction under this section, the court may:

1. Award actual damages caused by the violation, reasonable attorney's fees and costs.

2. Sanction the violation as civil contempt.
A.R.S. § 33-712 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 712
33-712 Liability for failure to acknowledge satisfaction
Status: in_force

33-712. Liability for failure to acknowledge satisfaction

A. If any person receiving satisfaction of a mortgage or deed of trust shall, within thirty days, fail to record or cause to be recorded, with the recorder of the county in which the mortgage or deed of trust was recorded, a sufficient release, satisfaction of mortgage or deed of release or acknowledge satisfaction as provided in section 33-707, subsection C, he shall be liable to the mortgagor, trustor or current property owner for actual damages occasioned by the neglect or refusal.

B. If, after the expiration of the time provided in subsection A of this section, the person fails to record or cause to be recorded a sufficient release and continues to do so for more than thirty days after receiving a written request which identifies a certain mortgage or deed of trust by certified mail from the mortgagor, trustor, current property owner or his agent, he shall be liable to the mortgagor, trustor or current property owner for one thousand dollars, in addition to any actual damage occasioned by the neglect or refusal.

C. Any action to enforce the provisions of this section, including any action to recover amounts due under this section, shall be brought and maintained in the individual names of, and shall be prosecuted by, persons entitled to recover under the terms thereof, and not in a representative capacity or otherwise. This subsection shall apply to all actions under this section, whether brought before or after July 13, 1988.
A.R.S. § 33-1303 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1303
33-1303 Supplementary principles of law applicable
Status: in_force

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.
A.R.S. § 33-2205 — Arizona Code / Title 33 / Chapter 20 / Article 1 / Section 2205
33-2205 Quorums; votes
Status: in_force

33-2205. Quorums; votes

A. Unless the timeshare instrument provides for a higher quorum requirement, the percentage of voting interests required to make decisions and to constitute a quorum at a meeting of the members of an association shall be ten per cent of the voting interests of owners who are not delinquent in assessments for common expenses, in person or by proxy.  If a quorum is not present at any meeting of the association at which members of the board are to be elected, the meeting may be adjourned and reconvened within ninety days for the sole purpose of electing members of the board, and the quorum for such adjourned meeting shall be ten per cent of the voting interests of owners who are not delinquent in assessments for common expenses, in person or by proxy.

B. Unless the timeshare instrument provides otherwise, a quorum shall be deemed to be present throughout a meeting of the board if persons entitled to cast a majority of the votes on that board are present at the beginning of the meeting.

C. If only one of the multiple owners of a timeshare interest is present at a meeting of the association, that owner is entitled to cast all the votes allocated to that timeshare interest.  If more than one of the multiple owners are present, the votes allocated to that timeshare interest may be cast only in accordance with the agreement of a majority in interest of the multiple owners unless the timeshare interest expressly provides otherwise.  There is a majority agreement if any one of the multiple owners casts the votes allocated to that timeshare interest without protest being made promptly to the person presiding over the meeting by any of the other owners of the timeshare interest.

D. Votes allocated to a timeshare interest may be cast pursuant to a proxy duly executed by an owner.  A proxy shall expressly state its dates of execution and termination.  An owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association.  A proxy is revoked on presentation of a later dated proxy executed by the same owner.  A proxy terminates twenty-five months after its date of execution, unless it specifies a shorter term or unless it states that it is coupled with an interest and is irrevocable.

E. Unless the timeshare instrument for a timeshare plan provides otherwise, votes allocated to a timeshare interest in that timeshare plan owned by the association for that timeshare plan shall not be cast.

F. The timeshare instrument for a timeshare plan may authorize votes of members of an association to be conducted by mail on compliance with all of the following:

1. Mail ballots are mailed or sent to all members in the manner prescribed for notices of special meetings pursuant to section 33-2208.

2. The period for return of mail ballots is at least thirty days after the date the ballots are mailed or sent to members.

3. The required minimum number of ballots that must be returned by members for the vote to be effective is at least equal to the quorum percentage prescribed in subsection A of this section.

G. Except as otherwise provided in the timeshare instrument, owners who are delinquent in assessments for common expenses do not have the right to cast votes.

H. Only timeshare interests included in the timeshare plan have voting rights.
A.R.S. § 33-454 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 454
33-454 Power of attorney from one spouse to the other to execute instruments relating to property
Status: in_force

33-454. Power of attorney from one spouse to the other to execute instruments relating to property

Either husband or wife may authorize the other by power of attorney, executed and acknowledged in the manner conveyances of real property are executed and acknowledged, to execute, acknowledge and deliver, in his or her name and behalf, any conveyance, mortgage or other instrument affecting the separate or community property or any interest therein of the spouse executing the power of attorney.
A.R.S. § 33-1317 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1317
33-1317 Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability
Status: in_force

33-1317. Discrimination by landlord or lessor against tenant with children prohibited; classification; exceptions; civil remedy; applicability

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 offense.

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.
A.R.S. § 33-433 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 433
33-433 Effect of alienation purporting to pass greater right than possessed by person making alienation
Status: in_force

33-433. Effect of alienation purporting to pass greater right than possessed by person making alienation

Alienations of real property, made by any person purporting to pass or assure a greater right or estate than such person may lawfully pass or assure, shall operate as alienations of as much of the right and estate in the lands, tenements or hereditaments as the person might lawfully convey, but such alienations shall not pass or bar the residue of the right or estate purporting to be conveyed or assured.
A.R.S. § 33-1245 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1245
33-1245 Termination of contracts and leases of declarant; applicability
Status: in_force

33-1245. Termination of contracts and leases of declarant; applicability

A. A contract for any of the following, if entered into before the board of directors elected by the unit owners pursuant to section 33-1243, subsection G takes office, shall contain a provision in the contract that the contract may be terminated without penalty by the association at any time after the board of directors elected by the unit owners takes office:

1. Any management contract or employment contract.

2. Any other contract or lease between the association and a declarant or an affiliate of a declarant.

3. Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing.

B. The board of directors shall notify the appropriate contractual party of the termination at least thirty days before termination.

C. This section does not apply to any lease if the termination of the lease would terminate the condominium or reduce its size.

D. If a contract covered by this section fails to contain the provisions required by subsection A of this section, the contract is voidable at the option of the association.

E. This section does not apply to timeshare plans or associations that are subject to chapter 20 of this title.
A.R.S. § 33-1344 — Arizona Code / Title 33 / Chapter 10 / Article 3 / Section 1344
33-1344 Tenant to use and occupy as a dwelling unit
Status: in_force

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.
A.R.S. § 33-1064 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1064
33-1064 Dismissal or judgment
Status: in_force

33-1064. Dismissal or judgment

On dismissal of an action to enforce a stop notice or bonded stop notice, unless expressly stated to be without prejudice, or on a judgment rendered against the claimant, the stop notice or bonded stop notice ceases to be effective and the monies withheld shall be paid or released to the person to whom they are due.
A.R.S. § 33-2604 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2604
33-2604 Power of court
Status: in_force

33-2604. Power of court

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.
A.R.S. § 33-1401 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1401
33-1401 Short title
Status: in_force

33-1401. Short title

This chapter shall be known and may be cited as the Arizona mobile home parks residential landlord and tenant act.
A.R.S. § 33-456 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 456
33-456 Passage of title to real or personal property by judgment
Status: in_force

33-456. Passage of title to real or personal property by judgment

When a judgment directs the conveyance of real property or the delivery of personal property, the judgment shall pass title to such property without any act by the party against whom the judgment is given.
A.R.S. § 33-1906 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1906
33-1906 Licensed property management company; training program
Status: in_force

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.
A.R.S. § 33-2612 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2612
33-2612 Duties of owner
Status: in_force

33-2612. Duties of owner

A. An owner shall:

1. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties.

2. Preserve and turn over to the receiver all receivership property in the owner's possession, custody or control.

3. Identify all records and other information relating to the receivership property, including passwords, authorizations or other information needed to obtain or maintain access to or control of the receivership property and make available to the receiver the records and information in the owner's possession, custody or control.

4. On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities and financial condition of the owner or any matter relating to the receivership property or the receivership.

5. Perform any duty imposed by court order, this chapter or another law other than this chapter.

B. If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee or other person exercising or having the power to exercise control over the affairs of the owner.

C. If a person knowingly fails to perform a duty imposed by this section, the court may:

1. Award the receiver actual damages caused by the person's failure, reasonable attorney fees and costs.

2. Sanction the failure as civil contempt.
A.R.S. § 33-1406 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1406
33-1406 Territorial application
Status: in_force

33-1406. Territorial application

This chapter applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a mobile home space in a mobile home park located within this state.
A.R.S. § 33-715 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 715
33-715 Payoff demands; definitions
Status: in_force

33-715. Payoff demands; definitions

A. On the written demand of an entitled person or that person's authorized agent, a secured lender shall prepare and deliver a payoff demand statement to the person who has requested it within fourteen days after receipt of the demand.  Any written demand for a payoff demand statement prescribed in section 33-420.01 shall include a statement that the entitled person is acting as an agent of the borrower and that the line of credit is to be suspended.

B. The payoff demand statement shall provide the amounts required as of the date of preparation, include the information reasonably necessary to calculate the payoff amount on a per diem basis for a period of at least thirty days and include the following information:

1. The name and address of the person who or department that is to receive the payoff payment.

2. The name and address of the person who or department that is to receive the request to close the debt, line of credit or other obligation to pay.

3. The name and address of the person who or department that is to receive the request for release of lien.

C. The entitled person or that person's authorized agent may rely on a payoff demand statement for the purpose of establishing the amount necessary to pay the obligation in full and obtain a release of the mortgage or deed of trust that secures the obligation through and including the time set forth in the payoff demand statement.  The entitled person must submit the payoff funds, instructions to close the revolving line of credit and request for release of lien to the secured lender as directed by the secured lender on the payoff demand statement prepared in conjunction with subsection B of this section.

D. The entitled person or that person's authorized agent may rely on an amended payoff demand statement if the secured lender delivers that amended payoff demand statement to the entitled person or that person's authorized agent before the earlier of:

1. The transfer of title to the mortgaged or trust property or any portion of the property.

2. The recordation of a mortgage or deed of trust describing the mortgaged or trust property or any portion of the property.

E. For notes created or renegotiated after August 22, 2002, any sums that were due the secured lender and that were not included in the payoff demand statement or in any amended statement constitute an unsecured obligation of the obligor pursuant to the terms of the note and are recoverable by the secured lender pursuant to the terms of the note and as otherwise provided by law.

F. A secured lender who willfully fails to prepare and deliver a payoff demand statement for fourteen or more days after receipt of a written demand is liable to the entitled person for all damages sustained for failure to deliver the statement.  The secured lender is also liable to the entitled person for five hundred dollars whether or not actual damages are sustained. Each failure of the secured lender to prepare and deliver the payoff demand statement when required to do so pursuant to this section constitutes a separate cause of action. A judgment that awards an entitled person a forfeiture or damages, or both, for any failure to prepare and deliver a payoff demand statement bars recovery of any other damages or forfeiture for any other failure to prepare and deliver a statement with respect to the same obligation, if the other demand for the statement was made within six months before or after the demand was made that resulted in the award. For the purposes of this subsection, "willfully" means a failure to comply with this section without just cause or excuse.

G. If the secured lender has more than one branch, office or other place of business, the payoff statement demand shall be made to the branch or office address provided in the payment billing notice or payment book.  Unless the payoff demand statement provides otherwise, the statement is deemed to apply only to the unpaid balance of the single obligation that is named in the demand and that is secured by the mortgage or deed of trust that is payable at the address that is provided in the payment billing notice or payment book.

H. The demand for and preparation and delivery of a payoff demand statement pursuant to this section does not change any date or time period that is prescribed in the note or that is otherwise provided by law.

I. The secured lender may assess a fee of no more than thirty dollars for furnishing each payoff demand statement.  This is conclusively presumed to be reasonable.

J. For the purposes of this section, unless the context otherwise requires:

1. "Deliver" or "delivery" means depositing or causing to be deposited into the United States mail an envelope with postage prepaid that contains a copy of the documents to be delivered and that is addressed to the person whose name and address are provided in the payoff demand.  Delivery includes transmitting those documents by telefacsimile machine to the person.  Delivery includes transmitting those documents electronically pursuant to title 44, chapter 26 if the payoff demand specifically requests and authorizes that the documents be transmitted in electronic form.

2. "Entitled person" means the trustor or mortgagor of the mortgaged or trust property or any part of that property, any successor in interest to the trustor or mortgagor, any person with a lien or encumbrance of record on the mortgaged or trust property and an escrow agent that is licensed pursuant to title 6.

3. "Payoff demand" means a written demand for a payoff demand statement made by an entitled person or that person's authorized agent.

4. "Payoff demand statement" means a written statement that is prepared in response to a written demand made by an entitled person or that person's authorized agent that sets forth the amounts required by the secured lender to fully satisfy all of the obligations secured by the loan that is the subject of the demand.

5. "Secured lender" has the same meaning prescribed in section 33-420.01.
A.R.S. § 33-2608 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2608
33-2608 Status of receiver as lien creditor
Status: in_force

33-2608. Status of receiver as lien creditor

On appointment of a receiver, the receiver has the status of a lien creditor under the Uniform Commercial Code, title 47, chapter 9, as to receivership property that is personal property or fixtures and chapter 7, article 5 of this title as to receivership property that is real property.
A.R.S. § 33-321 — Arizona Code / Title 33 / Chapter 3 / Article 2 / Section 321
33-321 Maintenance of premises
Status: in_force

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.
A.R.S. § 33-726 — Arizona Code / Title 33 / Chapter 6 / Article 2 / Section 726
33-726 Redemption of property by payment to officer directed under foreclosure judgment to sell the property
Status: in_force

33-726. Redemption of property by payment to officer directed under foreclosure judgment to sell the property

If payment is made to the officer directed to sell mortgaged property under a foreclosure judgment, before the foreclosure sale takes place, the officer shall make a certificate of payment and acknowledge it, and the certificate shall be recorded in the office in which the mortgage or deed of trust is recorded.
A.R.S. § 33-813 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 813
33-813 Default in performance of contract secured; reinstatement; cancellation of recorded notice of sale
Status: in_force

33-813. Default in performance of contract secured; reinstatement; cancellation of recorded notice of sale

A. If, prior to the maturity date fixed by the contract or contracts, all or a portion of a principal sum or interest of the contract or contracts secured by a trust deed becomes due or is declared due by reason of a breach or default in the performance of the contract or contracts or of the trust deed, the trustor or the trustor's successor in interest, any person having a subordinate lien or encumbrance of record thereon or any beneficiary under a subordinate trust deed, before 5:00 p.m. mountain standard time on the last day other than a Saturday or legal holiday before the date of sale or the filing of an action to foreclose the trust deed, may reinstate by paying to the beneficiary, the trustee or the trustee's agent in a form acceptable to the beneficiary or the trustee the entire amount then due under the terms of the contract or contracts or trust deed, other than the portion of the principal as would not then be due had no default occurred, by curing all other defaults and by paying the amounts due under subsection B of this section.

B. The beneficiary shall notify the trustee in writing of the performance and the name of the person who performed the conditions. The proceedings shall be cancelled and the contract or contracts and trust deed shall be deemed reinstated and in force as if no breach or default had occurred upon performance of those of the following which may be applicable:

1. Payment of the entire amount then due.

2. Payment of costs and expenses incurred in enforcing the terms of such contract or trust deed.  These costs and expenses may include the following:

(a) Reasonable costs for mailing and photocopying.

(b) Actual expenses incurred for recording, publication, posting of notice of sale, auctioneer's fee, postponement fees and title costs.

(c) Other reasonable costs and expenses.

3. Payment of the recording fee for a cancellation of notice of sale.

4. Payment of the trustee's fees, in an amount not to exceed six hundred dollars or one-half of one per cent of the entire unpaid principal sum secured, whichever is greater.

5. Payment of expenses and reasonable attorney fees that are not otherwise provided for in this section and that are incurred in protecting and preserving the beneficiary's interest in the trust property.

C. On request from the trustor or any person entitled to notice pursuant to section 33-809, subsection B, at any time that the trust deed is subject to reinstatement, the trustee shall provide a good faith estimate of the sums that appear necessary to reinstate the trust deed.

D. On written request from the trustor or any person entitled to notice pursuant to section 33-809, subsection B that is delivered to the trustee after the recording of the notice of trustee's sale, the trustee shall inform the person of the exact amount necessary to reinstate the trust deed, separately specifying costs, fees and any other amounts that are required to be paid as a condition to reinstatement of the trust deed.  The trustee shall provide that information within five business days after receipt of the written request. If the written request is received by the trustee during the five business days before the day of the sale, the trustee shall provide the information to the person as soon as practicable. This subsection does not require the extension of the period for reinstatement of the trust deed prescribed in subsection A of this section.

E. If the trust deed is reinstated as provided in subsection B of this section, the trustee shall have a cancellation of the notice of sale recorded in the same county recorder's office where the notice of sale was recorded. A trustee who, for thirty days after reinstatement, fails to have proper notice of the cancellation of the notice of sale recorded is liable to the person who performed the conditions resulting in reinstatement for all actual damages resulting from such failure.

F. If the trust deed is paid in full or if the sale is not held or is not properly postponed pursuant to this chapter, the trustee shall record a cancellation of the notice of sale.  The cancellation of the notice of sale shall be recorded in the office of the county recorder in which the notice of sale was recorded.

G. An acknowledged recorded cancellation of a recorded notice of sale under a trust deed shall be sufficient if it is in substantially the following form:

Cancellation of Notice of Sale

The undersigned hereby cancels the notice of sale recorded _______________, ____, on trust property legally described as:

(legal description of trust property)

which notice of sale refers to a trust deed executed by __________________ as trustor, in which ____________ is named as beneficiary and __________________ as trustee, and recorded _______________, _____, in docket or book ________, at page __________, records of ______________ county, Arizona.

Dated this _____________ day of __________, ____.

_____________________________

Signature of trustee

(Acknowledgement)
A.R.S. § 33-2151 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2151
33-2151 Assessments for mobile home relocation fund; waiver
Status: in_force

33-2151. Assessments for mobile home relocation fund; waiver

For recreational vehicles that are park trailers or park models only:

1. In order to provide monies for the mobile home relocation fund, each owner of a park trailer or park model located in a park who does not own the land on which the park trailer or park model is located shall pay each year to the state an assessment in an amount determined by making the assessment as prescribed by section 33-1476.03. The county treasurer shall collect the assessment imposed by this paragraph at the same time and in the same manner as personal property taxes. The county treasurer shall separately list the assessment on the tax roll and shall transfer the revenues collected to the state treasurer for deposit in the mobile home relocation fund. The county treasurer shall send to the state treasurer a written notice of the total taxable assessed valuation, derived by applying the applicable percentage specified in title 42, chapter 15, article 1 to the limited property value, of all park trailers or park models in the county on which the assessment prescribed by this section is assessed. The assessment constitutes a lien on the park trailer or park model.

2. The director shall notify all county assessors to waive the assessment for any year if the monies in the fund exceed eight million dollars. The director shall send a copy of the notice to the county treasurers.

3. If at the end of a fiscal year the amount of monies in the relocation fund is less than six million dollars, the director may notify the county assessors to reinstate the assessment prescribed by this section. If the director notifies the county assessors, the director shall send a copy of the notice to the county treasurers.
A.R.S. § 33-1905 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1905
33-1905 Slum property; appeal
Status: in_force

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.
A.R.S. § 33-1065 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1065
33-1065 Consolidation of actions
Status: in_force

33-1065. Consolidation of actions

Any person who has given stop notices or bonded stop notices may join in the same action, and when separate actions are commenced, the court may consolidate them. On motion of the owner or construction lender, the court shall require all claimants to the monies withheld pursuant to stop notices and bonded stop notices to be joined in one action and the respective rights of all parties shall be adjudicated in that action.
A.R.S. § 33-1034 — Arizona Code / Title 33 / Chapter 7 / Article 8 / Section 1034
33-1034 Filing or recording officer; duties
Status: in_force

33-1034. Filing or recording officer; duties

A. If a notice of federal lien, a refiling of a notice of federal lien or a notice of revocation of any certificate described in subsection B of this section is presented to a filing or recording officer who is:

1. The secretary of state, he shall cause the notice to be marked, held and indexed in accordance with title 47, chapter 9, article 5 as if the notice were a financing statement within the meaning of title 47.

2. The county recorder, he shall endorse on the notice or refiling his identification and the date and time of receipt and promptly file or record it and index it pursuant to section 11-462.

B. If a certificate of release, nonattachment, discharge or subordination of any lien is presented to the secretary of state for filing or recording he shall both:

1. Cause a certificate of release or nonattachment to be marked, held and indexed as if the certificate were a termination statement within the meaning of title 47, but the notice of lien to which the certificate relates may not be removed from the files.

2. Cause a certificate of discharge or subordination to be marked, held and indexed as if the certificate were a release of collateral within the meaning of title 47.

C. If a refiled notice of federal lien referred to in subsection A of this section or any of the certificates or notices referred to in subsection B of this section is presented for filing or recording to a county recorder, such certificates or notices must contain the information required by section 11-480 and shall be indexed pursuant to section 11-462.

D. On request of any person, the filing or recording officer shall issue his certificate showing whether there is on file or record, on the date and hour stated in the certificate, any notice of lien or certificate or notice affecting any lien filed or recorded under this article, naming a particular person, and if a notice or certificate is on file or record, giving the date and hour of filing or recording of each notice or certificate.  On request, the filing or recording officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien.
A.R.S. § 33-2603 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2603
33-2603 Scope; exclusions
Status: in_force

33-2603. Scope; exclusions

A. Except as otherwise provided in subsection B or C of this section, this chapter applies to a receivership for an interest in commercial real property and any personal property related to or used in operating the real property.

B. This chapter does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:

1. The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence.

2. The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial or mineral-extraction purposes.

3. The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business.

4. The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.

C. This chapter does not apply to a receivership authorized by another law other than this chapter in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit except to the extent provided by law.

D. This chapter does not limit the authority of a court to appoint a receiver under another law other than this chapter.

E. Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.
A.R.S. § 33-434.01 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 434.01
33-434.01 Seller's duty to disclose; soil remediation; definition
Status: in_force

33-434.01. Seller's duty to disclose; soil remediation; definition

A. An owner of property that has been subject to soil remediation conducted pursuant to section 49-104, subsection B, paragraph 16 shall, prior to transferring ownership of the property, give written notice of the remediation to the purchaser, if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49-104, subsection B, paragraph 16.

B. Actions brought under this section for failure of the seller to provide such written notice to the purchaser shall proceed as other civil actions.

C. For the purposes of this section, the term "residential use" means those uses of remediated property upon which there are dwellings where residents may reasonably be expected to be in frequent, repeated contact with soil, or other uses where natural persons are reasonably expected to be in similar contact, such as child care centers and elementary schools.
A.R.S. § 33-1377 — Arizona Code / Title 33 / Chapter 10 / Article 4 / Section 1377
33-1377 Special detainer actions; service; trial postponement
Status: in_force

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.
A.R.S. § 33-2101 — Arizona Code / Title 33 / Chapter 19 / Article 1 / Section 2101
33-2101 Application; duration of stay; exclusions; notice and pleading requirements
Status: in_force

33-2101. Application; duration of stay; exclusions; notice and pleading requirements

A. This chapter applies to, regulates and determines rights, obligations and remedies for a recreational vehicle space that is rented in a recreational vehicle park or mobile home park by the same tenant under a rental agreement for more than one hundred eighty consecutive days. For a park model or park trailer that is located in a recreational vehicle park or mobile home park, this chapter applies if the space is rented by the same tenant for more than one hundred eighty consecutive days without regard to whether a rental agreement is executed.

B. This chapter does not apply to mobile homes, manufactured homes and factory-built buildings or to a property with one or two recreational vehicle rental spaces.

C. Notwithstanding any other law, an agency of this state and an individual court may not adopt or enforce a rule or policy that requires a mandatory or technical form for providing notice or for pleadings in an action for forcible entry or forcible or special detainer. The form of any notice or pleading that meets statutory requirements for content and formatting of a notice or pleading is sufficient to provide notice and to pursue an action for forcible entry or forcible or special detainer.
A.R.S. § 33-1907 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1907
33-1907 Registration with one-call notification center
Status: in_force

33-1907. Registration with one-call notification center

This article does not relieve a landlord of an apartment community as defined in section 40-360.21 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.
A.R.S. § 33-601 — Arizona Code / Title 33 / Chapter 5 / Article 1 / Section 601
33-601 Gifts
Status: in_force

33-601. Gifts

A gift of any goods or chattels is not valid unless the gift is in writing, duly acknowledged and recorded, or by will, duly proved and recorded, or unless actual possession of the gift is passed to and remains with the donee or some one claiming under him.
A.R.S. § 33-1412 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1412
33-1412 Notice
Status: in_force

33-1412. 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 33-1432 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 other than the landlord's mobile home or space, if known. 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, but such knowledge shall be subject to proof.
A.R.S. § 33-1001 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1001
33-1001 Priority of claims for current wages owed by owner of property under levy
Status: in_force

33-1001. Priority of claims for current wages owed by owner of property under levy

A. When a levy is made under execution, attachment or other similar writ, except when the writ is issued in an action under this article, a miner, mechanic, salesman, servant or laborer who has a claim against the defendant for labor performed may give notice of his claim, sworn to and stating the amount thereof, to the creditor, defendant debtor and the officer executing the writ, at any time within three days before sale of the property levied upon. The officer shall file the claim with the clerk of the court issuing the writ, and unless the claim is disputed by the debtor or creditor before sale, the officer shall pay the claimant from the proceeds of the sale the amount claimant is entitled to receive for such services rendered within sixty days next preceding the levy of the writ, not exceeding two hundred dollars to each claimant. Upon failure of the officer to do so, he shall be liable to the claimant therefor.

B. The claim may be disputed by the debtor or creditor, or any lienholder, in writing, specifying the reasons for disputing it, verified and delivered to the officer before the sale, and shall be filed in the court issuing the writ. The officer shall pay all claims not disputed from the first money received. If the total amount of all claims presented exceeds the amount derived from the sale, the officer shall pay to the holders of the undisputed claims their pro rata share of the money and shall pay the pro rata amount of the disputed claims, together with an amount for costs as the court orders, into court. The court shall cite all parties interested to appear, and in a summary manner determine the validity of the disputed claims and direct the manner in which the officer shall distribute the proceeds of the sale.
A.R.S. § 33-905 — Arizona Code / Title 33 / Chapter 7 / Article 1 / Section 905
33-905 Demand by lien holder for enforcement of lien against whole or part of property covered
Status: in_force

33-905. Demand by lien holder for enforcement of lien against whole or part of property covered

A person who brings a civil action to enforce a lien provided for in this article, or any person having a lien who is made a party to such civil action, may demand that his lien be enforced against the whole or any part of the crop.
A.R.S. § 33-2616 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2616
33-2616 Executory contract; definition
Status: in_force

33-2616. Executory contract; definition

A. Except as otherwise provided in subsection G of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property.  The court may condition the receiver's adoption and continued performance of the contract on terms appropriate under the circumstances.

B. A receiver's performance of an executory contract before court approval under subsection A of this section of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.

C. A provision in an executory contract which requires or permits a forfeiture, modification, or termination of the contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver’s power under subsection A of this section to adopt the contract.

D. A receiver's right to possess or use receivership property pursuant to an executory contract terminates on rejection of the contract under subsection A of this section.  Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of:

1. The time set for submitting a claim in the receivership.

2. Thirty days after the court approves the rejection.

E. If at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under another law other than this chapter, the receiver may assign the contract with court approval.

F. If a receiver rejects under subsection A of this section an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real-property timeshare interest, the purchaser may:

1. Treat the rejection as a termination of the contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid.

2. Retain the purchaser's right to possession under the contract, and in that case the purchaser shall continue to perform all obligations arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages. If the purchaser retains the purchaser's rights to possession, the court may order the receiver to deliver title to the purchaser in accordance with the provisions of the contract and relieve the receiver of all other obligations under the contract.

G. A receiver may not reject an unexpired lease of real property under which the owner is the landlord if the tenant occupies the leased premises as the tenant's primary residence and either of the following applies:

1. The receiver was appointed at the request of a person other than a mortgagee.

2. The receiver was appointed at the request of a mortgagee and either:

(a) All of the following apply:

(i) The lease is superior to the lien of the mortgage.

(ii) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant's occupancy will not be disturbed as long as the tenant performs its obligations under the lease.

(iii) The mortgagee has consented to the lease, either in a signed record or by its failure timely to object that the lease violated the mortgage.

(b) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not actually know or have reason to constructively know that the lease violated the mortgage.

H. For the purposes of this section, "timeshare interest" means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during any given year.
A.R.S. § 33-2105 — Arizona Code / Title 33 / Chapter 19 / Article 1 / Section 2105
33-2105 Terms and conditions of rental agreement; notice, removal
Status: in_force

33-2105. Terms and conditions of rental agreement; notice, removal

A. At the request of either the landlord or the tenant, a signed, written rental agreement shall be executed.  The rental agreement shall be executed in good faith by both parties and shall not provide for the waiver of any rights given to either party by other provisions of this chapter.  The rental agreement shall be for a specific period and:

1. Shall include:

(a) The amount of the rent.  Rent is payable without demand or notice at the time and place agreed on by the parties. Unless otherwise agreed, rent is uniformly apportionable from day to day.

(b) The amount of any security deposit.

2. May provide that the landlord may charge a late fee of not more than five dollars per day from the due date of the rent until the rent is paid if the rent is not remitted by the sixth day after the due date.

B. If the landlord and tenant agree to the term of the rental agreement, the rental agreement may be for any term.  In the case of a renewal of a rental agreement, if the landlord and tenant do not agree on the term, the agreement shall be for the same term as the previous agreement but not longer than one year.  Any written rental agreement shall have all blank spaces completed, and executed copies of the written rental agreement shall be furnished to all parties within ten days after execution.

C. The rental agreement may include conditions not prohibited by this chapter or other rule of law governing the rights and obligations of the parties.

D. The rental agreement may provide that if a dispute arises the prevailing party may recover costs and reasonable attorney fees.  In any action arising under this chapter, the court may award the prevailing party costs and reasonable attorney fees even if the rental agreement does not contain such a provision.

E. The landlord shall provide with the rental agreement a current copy of the rules of the recreational vehicle park.

F. On the expiration or renewal of any rental agreement, the landlord may increase or decrease the total rent or change payment arrangements.  The landlord shall notify the tenant in writing by first class or certified mail or by personal delivery at least sixty days before the expiration or renewal of any rental agreement of any such increase or change.

G. As a condition of tenancy the rental agreement may require the prospective tenant to make improvements to the recreational vehicle, including all appurtenances owned by the tenant, to preserve or upgrade the quality of the recreational vehicle park even if the prospective tenant is purchasing a recreational vehicle already located in the park.  The improvements shall not exceed the requirements of the rules of the park.

H. A moving company or the tenant shall contact the landlord or manager at least thirty days before a recreational vehicle is moved into or out of the park.

I. The resident shall inform the landlord or park manager at least thirty days before the expiration of the rental agreement if the tenant is not renewing the rental agreement and is vacating the space.  If timely notice is not given before the tenant moves from the space, the tenant shall pay rent equal to the amount of rent for the notice period.

J. A tenant shall not remove a recreational vehicle from a recreational vehicle or mobile home space unless the tenant has received from the landlord a clearance for removal that shows that all monies, including rent and utilities, due the landlord as of the date of removal have been paid or that the landlord and tenant have otherwise agreed to the removal.

K. The rental agreement may provide that the landlord may charge a guest fee.
A.R.S. § 33-2602 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2602
33-2602 Notice and opportunity for hearing; exceptions
Status: in_force

33-2602. Notice and opportunity for hearing; exceptions

A. Except as otherwise provided in subsection B of this section, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances.

B. The court may issue an order under this chapter:

1. Without prior notice if the circumstances require issuance of an order before notice is given.

2. After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held.

3. After notice and without a hearing if no interested party timely requests a hearing.
A.R.S. § 33-748 — Arizona Code / Title 33 / Chapter 6 / Article 3 / Section 748
33-748 Seller's right to foreclose
Status: in_force

33-748. Seller's right to foreclose

A. If a contract provides that the seller may elect to accelerate the unpaid principal balance due to seller on the purchaser's failure to pay the monies due under the contract, the seller may only enforce the acceleration by foreclosing the contract in the manner provided by law for foreclosure of mortgages upon real property. If a purchaser is in default under the contract for reasons other than failing to pay amounts due under the contract, the seller may only foreclose the contract as a mortgage in the manner provided by law for foreclosure of mortgages upon real property.

B. If an action to foreclose a contract has been filed, a forfeiture, by judicial process as provided by section 33-744 or by notice as provided by section 33-745, shall not thereafter be completed unless the foreclosure action is first dismissed and a notice of election to forfeit is served in the manner and on the persons provided for in section 33-743.
A.R.S. § 33-1329 — Arizona Code / Title 33 / Chapter 10 / Article 2 / Section 1329
33-1329 Regulation of rents; authority
Status: in_force

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 town.
A.R.S. § 33-1805 — Arizona Code / Title 33 / Chapter 16 / Article 1 / Section 1805
33-1805 Association financial and other records
Status: in_force

33-1805. Association financial and other records

A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.  The association shall not charge a member or any person designated by the member in writing for making material available for review.  The association shall have ten business days to fulfill a request for examination.  On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.  An association may charge a fee for making copies of not more than fifteen cents per page.

B. Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following:

1. Privileged communication between an attorney for the association and the association.

2. Pending litigation.

3. Meeting minutes or other records of a session of a board meeting that is not required to be open to all members pursuant to section 33-1804.

4. Personal, health or financial records of an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association.

5. Records relating to the job performance of, compensation of, health records of or specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association.

C. The association shall not be required to disclose financial and other records of the association if disclosure would violate any state or federal law.
A.R.S. § 33-709 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 709
33-709 Acknowledgment of satisfaction by personal representative of mortgagee to whom indebtedness was paid before death
Status: in_force

33-709. Acknowledgment of satisfaction by personal representative of mortgagee to whom indebtedness was paid before death

The executor or administrator of a mortgagee or of the holder or owner of an indebtedness secured by a mortgage or deed of trust shall, if the indebtedness was paid to the decedent in his lifetime, acknowledge satisfaction thereof by delivering to such person a sufficient release, satisfaction of mortgage or deed of release of the mortgage or deed of trust or acknowledge satisfaction as provided in subsection C of section 33-707. If the executor or administrator, upon proof to him of the payment of the indebtedness to his decedent, does not, within thirty days, acknowledge satisfaction by delivering to the person owning the property a sufficient release, satisfaction of mortgage or deed of release, or acknowledge satisfaction as provided in subsection C of section 33-707, he shall personally forfeit to the party aggrieved one hundred dollars and be personally liable for the damages thereby sustained. The executor or administrator shall not be liable to the estate of which he is executor or administrator for any indebtedness by mortgage or deed of trust released by him in accordance with this section.
A.R.S. § 33-453 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 453
33-453 Conveyance of homestead
Status: in_force

33-453. Conveyance of homestead

The homestead of a family shall not be conveyed or encumbered by a spouse without consent of the other spouse. The consent shall be evidenced by each spouse joining in the conveyance by signing their names thereto, and also by acknowledgment thereof. Consent of a nonowner spouse shall not be required where the homestead property is conveyed or encumbered by an owner spouse who holds title to the property as sole and separate property.
A.R.S. § 33-1257 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1257
33-1257 Other liens affecting the condominium
Status: in_force

33-1257. Other liens affecting the condominium

A. Except as provided in subsection B of this section, a legally recorded judgment for money against the association is not a lien on the common elements but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered.  Other property of a unit owner is not subject to the claims of creditors of the association.

B. If the association has granted a mortgage, deed of trust or security interest in the common elements to a creditor of the association pursuant to section 33-1252, the holder of that security interest must exercise its right against the common elements before its judgment lien on any unit may be enforced.

C. Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his unit, and the lienholder, on receipt of payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association shall not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.

D. A judgment against the association shall be indexed in the name of the condominium and the association and shall include the legal description of the unit subject to the lien. When so indexed, the judgment is notice of the lien against the units.
A.R.S. § 33-231 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 231
33-231 Rule in Shelley's case abolished
Status: in_force

33-231. Rule in Shelley's case abolished

When a remainder is limited to the heirs or heirs of the body of a person to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are the heirs or heirs of the body of the life tenant shall take as purchasers by virtue of the remainder so limited to them.
A.R.S. § 33-417 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 417
33-417 Law governing validity of instruments; recording of instruments valid when executed; validity of instruments recorded prior to October 1, 1913
Status: in_force

33-417. Law governing validity of instruments; recording of instruments valid when executed; validity of instruments recorded prior to October 1, 1913

A. The execution, acknowledgment, form or record of a conveyance or other instrument, shall depend for its validity and legality upon the laws in force when the act was performed.

B. Conveyances of real property made and acknowledged according to laws in force in this state at the time the conveyances were made and acknowledged shall have the same force as evidence, and may be recorded in the same manner and with like effect as conveyances executed and acknowledged pursuant to the provisions of this chapter.

C. Instruments affecting real estate, duly signed and recorded in the office of the proper county recorder prior to October 1, 1913, are legal and valid to the same extent as if acknowledged and recorded as required by the provisions of this chapter.
A.R.S. § 33-995 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 995
33-995 Duty of contractor to defend action on claim of lien by person other than a contractor; rights of owner against contractor; other rights
Status: in_force

33-995. Duty of contractor to defend action on claim of lien by person other than a contractor; rights of owner against contractor; other rights

A. When a lien is recorded or notice given by any person other than a contractor, the contractor shall defend any action brought thereon.

B. During pendency of such action the owner may withhold the amount sued for, and if judgment is given upon the lien, he may deduct from any amount due or to become due from him to the contractor the amount of the judgment and costs.

C. If the owner has settled with the contractor in full, or if such an amount is not owing to the contractor, the owner may recover back from the contractor the amount so paid by him, and for which the contractor was the party originally liable.

D. Any contractor, subcontractor or other person who is obligated by statute, contract or agreement to defend, remove, compromise or pay any claim of lien or action and who undertakes such activity has the rights of the owner and beneficial title holder against all persons concerning such activity, as specified in sections 33-420 and 33-994.

E. If any contractor or other person institutes an action to foreclose a lien pursuant to this article, the court may, at its discretion, award the prevailing party on the lien claim all reasonable expenses incurred in the action including attorney fees, other professional services and bond premiums under section 33-1004.
A.R.S. § 33-907 — Arizona Code / Title 33 / Chapter 7 / Article 1 / Section 907
33-907 Enforcement of judgment
Status: in_force

33-907. Enforcement of judgment

In a civil action filed pursuant to this article, the judgment shall be given in favor of each person having a lien for the amount due him. The court shall order any property subject to the lien sold, either before or at the time judgment is given, by the sheriff as personal property is sold on execution, and shall apportion the proceeds of the sale for payment of the pro rata share of each judgment.
A.R.S. § 33-820 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 820
33-820 Trustee's right to rely; attorney's right to act for trustee and beneficiary
Status: in_force

33-820. Trustee's right to rely; attorney's right to act for trustee and beneficiary

A. In carrying out his duties under the provisions of this chapter or any deed of trust, a trustee, shall when acting in good faith, have the absolute right to rely upon any written direction or information furnished to him by the beneficiary.

B. An attorney for the beneficiary shall also be qualified to act as attorney for the trustee or to be the trustee.
A.R.S. § 33-1000 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1000
33-1000 Priority among mechanic's and materialman's liens; prorating proceeds of foreclosure sale
Status: in_force

33-1000. Priority among mechanic's and materialman's liens; prorating proceeds of foreclosure sale

A. Except as otherwise provided in section 33-992, the liens for work and labor done or professional services or material furnished, as provided for in this article, are on an equal footing without reference to the date of recording the notice and claim of lien, and without reference to the time of performing the work and labor or furnishing the professional services or material.

B. When a sale is ordered and the property sold, the proceeds of the sale, if not sufficient to discharge all liens against the property without reference to the date of recording the notice and claim of lien, shall be prorated over the respective liens that have equal footing with the foreclosing lien.
A.R.S. § 33-2617 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2617
33-2617 Defenses and immunities of receiver
Status: in_force

33-2617. Defenses and immunities of receiver

A. A receiver is entitled to all defenses and immunities provided by a law other than this chapter for an act or omission within the scope of the receiver's appointment.

B. A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed the receiver and if the court finds that the receiver acted without authority.
A.R.S. § 33-1904 — Arizona Code / Title 33 / Chapter 17 / Article 1 / Section 1904
33-1904 Inspections
Status: in_force

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 property.
A.R.S. § 33-2618 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2618
33-2618 Interim report of receiver
Status: in_force

33-2618. Interim report of receiver

A receiver may file or, if ordered by the court, shall file an interim report that includes:

1. The activities of the receiver since appointment or a previous report.

2. Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver.

3. Receipts and dispositions of receivership property.

4. Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses.

5. Any other information required by the court.
A.R.S. § 33-2621 — Arizona Code / Title 33 / Chapter 24 / Article 1 / Section 2621
33-2621 Final report of receiver; discharge
Status: in_force

33-2621. Final report of receiver; discharge

A. On completion of a receiver's duties, the receiver shall file a final report including:

1. A description of the activities of the receiver in the conduct of the receivership.

2. A list of receivership property at the commencement of the receivership and any receivership property received during the receivership.

3. A list of disbursements, including payments to professionals engaged by the receiver.

4. A list of dispositions of receivership property.

5. A list of distributions made or proposed to be made from the receivership for creditor claims.

6. If not filed separately, a request for approval of the payment of fees and expenses of the receiver.

7. Any other information required by the court.

B. If the court approves a final report filed under subsection A of this section and the receiver distributes all receivership property, the receiver is discharged.
A.R.S. § 33-713 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 713
33-713 Discharge by order of court; proof required; effect
Status: in_force

33-713. Discharge by order of court; proof required; effect

The superior court of the county in which a mortgage is legally recorded may make an order discharging the mortgage of record on proof that the mortgage has been fully paid and satisfied and that the mortgagee or his assignee is a nonresident of the county where the mortgage is recorded, or is deceased, and that there is no personal representative of the estate appointed under the authority of this state. Upon proof that the same circumstances exist with respect to a deed of trust, the superior court in the county in which a deed of trust is legally recorded may make an order releasing the deed of trust and directing reconveyance of the property. The county recorder shall record a certified copy of the order showing the docket and page or recording number of the recorded mortgage or deed of trust, and the record shall have the same effect as the record of discharge by the mortgagee or a release and reconveyance for the deed of trust.
A.R.S. § 33-704 — Arizona Code / Title 33 / Chapter 6 / Article 1 / Section 704
33-704 Performance of assessment work or payment of maintenance fees on mining claim by mortgagee; expense as additional debt secured by mortgage
Status: in_force

33-704. Performance of assessment work or payment of maintenance fees on mining claim by mortgagee; expense as additional debt secured by mortgage

The mortgagee, if the mortgaged property or part thereof consists of unpatented mining claims, may perform the annual labor or improvement, or pay the maintenance fees required by law to prevent the forfeiture of the claim, and the amount expended for that purpose shall be an additional debt secured by the mortgage, and included in the judgment of foreclosure, or, if expended after judgment, but before sale, added to the amount of the execution.
A.R.S. § 33-2142 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2142
33-2142 Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
Status: in_force

33-2142. 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 equal to two months' periodic rent.  If the rental agreement is terminated, the landlord shall return all deposits, less any utility charges and damages.
A.R.S. § 33-452 — Arizona Code / Title 33 / Chapter 4 / Article 4 / Section 452
33-452 Conveyance of community property
Status: in_force

33-452. Conveyance of community property

A conveyance or incumbrance of community property is not valid unless executed and acknowledged by both husband and wife, except unpatented mining claims which may be conveyed or incumbered by the spouse having the title or right of possession without the other spouse joining in the conveyance or incumbrance.
A.R.S. § 33-438 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 438
33-438 Sale of property subject to certain liens and encumbrances
Status: in_force

33-438. Sale of property subject to certain liens and encumbrances

A. As used in this section, "lien or encumbrance" does not include taxes or assessments, reservations in patents, easements, rights-of-way, reservation of mineral rights, covenants, conditions or restrictions.

B. The sale of any lot or parcel of property which is subject to a lien or encumbrance or when the interest of the seller is held under option or contract of purchase or in trust, shall be voidable by the buyer, unless there is a provision in the instrument evidencing the lien, encumbrance, option, contract or trust agreement, or in a valid supplementary agreement, assuring that the buyer will receive title free of the lien, encumbrance, option, contract or trust agreement, upon completion of all payments and performances of all the terms and provisions required to be made or performed by the buyer.

C. The buyer's right to void such sale may not be exercised if he has in fact received title, free of such lien, encumbrance, option, contract or trust. Any action to void such sale shall be commenced either within two years after discovery or after completion of all payments and performance of all terms and provisions required to be made or performed by the buyer, whichever occurs first, and not thereafter.

D. The buyer's right to void such sale shall be in addition to and shall not affect any other legal or equitable remedy.
A.R.S. § 33-1057 — Arizona Code / Title 33 / Chapter 7 / Article 9 / Section 1057
33-1057 Withholding of money by owner; payment bond
Status: in_force

33-1057. Withholding of money by owner; payment bond

A. On receipt of a stop notice pursuant to section 33-1054, the owner shall withhold from the original contractor or from any person acting under the original contractor's authority and to whom labor, professional services, materials, machinery, fixtures or tools have been furnished or agreed to be furnished sufficient monies due or to become due to that contractor to answer that claim and any claim of lien that may be recorded for that claim unless a payment bond has been recorded pursuant to section 33-1003. If a payment bond is recorded, the owner may withhold the monies.

B. If the owner elects not to withhold pursuant to a stop notice by reason of a payment bond having been recorded in accordance with section 33-1003, the owner within thirty days after receipt of the stop notice shall give a written notice to the claimant at the address shown in the stop notice that the bond has been recorded and shall furnish to the claimant a copy of that bond.
A.R.S. § 33-441 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 441
33-441 For sale signs; restrictions unenforceable
Status: in_force

33-441. For sale signs; restrictions unenforceable

A. A covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of any interest in real property shall not be applied to prohibit the indoor or outdoor display of a for sale sign and a sign rider by a property owner on that person's property, including a sign that indicates the person is offering the property for sale by owner.  The size of a sign offering a property for sale shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the industry standard size sign rider, which shall not exceed six by twenty-four inches.

B. This section applies to any covenant, restriction or condition without regard to the date the covenant, restriction or condition was created, signed or recorded.  This section does not apply to timeshare property and timeshare interest as defined in section 33-2202.

C. This section does not apply to a covenant, restriction or condition in a deed, contract, security agreement or other instrument affecting the transfer or sale of an interest in real property that does not prohibit or restrict the display of a for sale sign or a sign rider on the real property.
A.R.S. § 33-432 — Arizona Code / Title 33 / Chapter 4 / Article 3 / Section 432
33-432 Presumption of intention to convey fee
Status: in_force

33-432. Presumption of intention to convey fee

A. Every estate in lands granted, conveyed or devised, although other words necessary at common law to transfer an estate in fee simple are not added, shall be deemed a fee simple if a lesser estate is not limited by express words or does not appear to have been granted, conveyed or devised by construction or operation of law.

B. In this chapter, unless the context otherwise requires, "land" means and includes mines and mining claims.
A.R.S. § 33-225 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 225
33-225 Indefeasibility of expectant estates; exception
Status: in_force

33-225. Indefeasibility of expectant estates; exception

An estate in expectancy may not be defeated or barred by alienation or other act of the owner of the intermediate or precedent estate, nor by destruction of the precedent estate by disseizin, forfeiture, surrender, merger or otherwise, except in the manner provided or authorized in the creation of the expectant estate.
A.R.S. § 33-811 — Arizona Code / Title 33 / Chapter 6.1 / Article 1 / Section 811
33-811 Payment of bid; trustee's deed
Status: in_force

33-811. Payment of bid; trustee's deed

A. The highest bidder at the sale, other than the beneficiary to the extent of the credit bid, shall pay the price bid by no later than 5:00 p.m. mountain standard time of the following day, other than a Saturday or legal holiday.  If the highest bidder fails to pay the amount bid for the property struck off to the bidder at the sale, the trustee, in the trustee's sole discretion, shall either continue the sale to reopen bidding or immediately offer the trust property to the second highest bidder who may purchase the trust property at that bidder's bid price. The deposit of the highest bidder who fails to pay the amount bid shall be forfeited and shall be treated as additional sale proceeds to be applied in accordance with section 33-812, subsection A. If the second highest bidder does not pay that bidder's bid price by 5:00 p.m. mountain standard time of the next day excluding Saturdays and legal holidays after the property has been offered to that bidder by the trustee, the trustee shall either continue the sale to reopen bidding or offer the trust property to each of the prior bidders on successive days excluding Saturdays and legal holidays in order of their highest bid, until a bid price is paid, or if there is no other bidder, the sale shall be deemed to be continued to a time and place designated by the trustee, or if not designated, the sale shall be continued to the same place and at the same time twenty-eight days after the last scheduled sale date. If the twenty-eighth day is a Saturday or legal holiday, the sale shall be continued to the next business day. If the sale is continued, the trustee shall provide notice of the continuation of the sale by registered or certified mail, with postage prepaid, to all bidders who provide their names, addresses and telephone numbers in writing to the party conducting the sale. In addition to the forfeit of deposit, a highest bidder who fails to pay the amount bid by that bidder is liable to any person who suffers loss or expenses as a result, including attorney fees. In any subsequent sale of trust property, the trustee may refuse to accept any bid of that person.  In any sale that is continued pursuant to this subsection, the trustee shall reject the bid from any previous bidder who elected not to pay that bidder's bid price.

B. The price bid shall be paid at the office of the trustee or the trustee's agent, or any other reasonable place designated by the trustee.  The payment of the bid price may be made at a later time if agreed upon in writing by the trustee.  Within seven business days after receipt of payment by the trustee or the trustee's agent, made in a form that is satisfactory to the trustee, the trustee shall execute and submit the trustee's deed to the county recorder for recording and, upon request, shall provide an unrecorded copy of the signed trustee's deed to the purchaser.  The recording of the trustee's deed upon sale shall constitute delivery of the deed to the purchaser.  The trustee is not liable for any damages resulting from the failure to record the trustee's deed upon sale after physical delivery of the deed to the purchaser.  The trustee's deed shall raise the presumption of compliance with the requirements of the deed of trust and this chapter relating to the exercise of the power of sale and the sale of the trust property, including recording, mailing, publishing and posting of notice of sale and the conduct of the sale. A trustee's deed shall constitute conclusive evidence of the meeting of those requirements in favor of purchasers or encumbrancers for value and without actual notice.  Knowledge of the trustee shall not be imputed to the beneficiary.

C. The trustor, its successors or assigns, and all persons to whom the trustee mails a notice of a sale under a trust deed pursuant to section 33-809 shall waive all defenses and objections to the sale not raised in an action that results in the issuance of a court order granting relief pursuant to rule 65, Arizona rules of civil procedure, entered before 5:00 p.m. mountain standard time on the last business day before the scheduled date of the sale. A copy of the order, the application for the order and the complaint shall be delivered to the trustee within twenty-four hours after entering the order.

D. A sale is not complete if the sale violates subsection C of this section because of an undisclosed order entered by the court within the time provided for in subsection C of this section.  A sale held in violation of subsection C of this section shall be continued to a date, time and place announced by the trustee at the sale and shall comply with section 33-810, subsection B.  If not announced, the sale shall be continued to the same place and at the same time twenty-eight days later.  If the twenty-eighth day falls on a Saturday or legal holiday, the sale shall be continued to the next business day.  If the sale is continued because of an unknown or undisclosed order as provided in this subsection, the trustee shall notify by registered or certified mail, with postage prepaid, all bidders who provide names, addresses and telephone numbers in writing to the party conducting the sale of the continuation of the sale.

E. The trustee's deed shall operate to convey to the purchaser the title, interest and claim of the trustee, the trustor, the beneficiary, their respective successors in interest and all persons claiming the trust property sold by or through them, including all interest or claim in the trust property acquired subsequent to the recording of the deed of trust and prior to delivery of the trustee's deed. That conveyance shall be absolute without right of redemption and clear of all liens, claims or interests that have a priority subordinate to the deed of trust and shall be subject to all liens, claims or interests that have a priority senior to the deed of trust.

F. On completion of the sale and conveyance of the trustee's deed to the purchaser, the trustee shall notify the beneficiary of the beneficiary's obligations as prescribed by section 11-1133.  The trustee shall provide notice to the beneficiary on or before the date of the trustee's sale.
A.R.S. § 33-1471 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1471
33-1471 Noncompliance by the landlord
Status: in_force

33-1471. Noncompliance by the landlord

A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, the rules and regulations or statements of policy, 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 thirty days after receipt of the notice if the breach is not remedied in fourteen days. If there is a noncompliance by the landlord with section 33-1434 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 twenty days after receipt of the notice if the breach is not remedied in ten days. The rental agreement shall terminate and the mobile home space 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 his family or other person on the premises with his 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 section 33-1434.

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 deposits less reasonable damages.
A.R.S. § 33-533 — Arizona Code / Title 33 / Chapter 4 / Article 7 / Section 533
33-533 Amendment by owner
Status: in_force

33-533. Amendment by owner

Except with respect to property to which section 33-534 applies, an owner of real property subject to an unlawful restriction may submit to the recorder for recordation in the land records of the county in which the property is located an amendment to remove the unlawful restriction, but only as to the owner's property.
A.R.S. § 33-1153 — Arizona Code / Title 33 / Chapter 8 / Article 3 / Section 1153
33-1153 Abandonment of exemption; maintenance of residency
Status: in_force

33-1153. Abandonment of exemption; maintenance of residency

A. A claim of exemption under this article may be abandoned by a declaration or grant of abandonment or waiver or by permanent removal of the claimant from this state. A claimant may remove from this state for up to two years without an abandonment or waiver of the exemption.

B. A declaration of abandonment, waiver or grant must be executed and acknowledged by the claimant and is effective from and after the date it is recorded in the office of the county recorder in which the claim of exemption was recorded.
A.R.S. § 33-1074 — Arizona Code / Title 33 / Chapter 7 / Article 10 / Section 1074
33-1074 Foreclosure; limitation of action; attorney fees
Status: in_force

33-1074. Foreclosure; limitation of action; attorney fees

A. A commercial real estate broker lien recorded pursuant to this article is enforceable by foreclosure action in superior court as if the lien were a mortgage.

B. A lien pursuant to this article is only valid for two years after the date that it is recorded unless an action is brought within that two years to enforce the lien and a notice of pendency of the action is recorded pursuant to section 12-1191 in the office of the county recorder in the county in which the property is located within five days after filing the action.

C. In any action to foreclose a commercial real estate broker lien, the prevailing party shall be awarded costs and reasonable attorney fees.
A.R.S. § 33-136 — Arizona Code / Title 33 / Chapter 1 / Article 3 / Section 136
33-136 Public lands survey descriptions; conflicts; control
Status: in_force

33-136. Public lands survey descriptions; conflicts; control

If coordinates based on the Arizona coordinate system, 1983, are used to describe a tract of land which in the same document is also described by reference to a subdivision, line or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line or corner contained in the official field notes and plat filed of record, and in the event of a conflict the description by reference to the subdivision, line or corner of the United States public land surveys prevails over the description by coordinates.
A.R.S. § 33-1023 — Arizona Code / Title 33 / Chapter 7 / Article 7 / Section 1023
33-1023 Sale of property; disposal of proceeds
Status: in_force

33-1023. Sale of property; disposal of proceeds

A. Except as provided in section 33-1021.01, when possession of any property described in this article or any other personal property held under lien without provision at law for foreclosure of the lien has continued for twenty days after the charges accrue and remain unpaid, the person holding the property may notify the owner, if in the county where the property is located, to pay the charges. Upon failure of the owner within ten days thereafter to pay the charges, the holder of the property may sell it at public auction and apply the proceeds to payment of the charges. The balance of the proceeds shall be paid to the person entitled thereto. If the owner's residence is not in the county where the property is located, the holder is not required to give the ten days' notice before proceeding to sell.

B. Five days' notice of sale shall be given to the owner if he can be found, and if not, then by two publications in a newspaper published in the county.

C. If the person legally entitled to receive the balance is not known or has removed from the county, the holder shall pay the balance to the department of revenue. If the party, at any time within two years from the date of payment to the department of revenue, establishes his right to the money to the satisfaction of the director of the department of administration, it shall be paid to him.  After two years, all unclaimed monies shall be deposited in the permanent state school fund.
A.R.S. § 33-1314.01 — Arizona Code / Title 33 / Chapter 10 / Article 1 / Section 1314.01
33-1314.01 Utility charges; submetering; ratio utility billing; allocation; water system exemption
Status: in_force

33-1314.01. Utility charges; submetering; ratio utility billing; allocation; water system exemption

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 agreement.

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 ratio utility billing system.

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.
A.R.S. § 33-1415 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1415
33-1415 Separation of rents and obligations to maintain property forbidden
Status: in_force

33-1415. 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, unless the landlord has agreed to comply with section 33-1434, subsection A.
A.R.S. § 33-104 — Arizona Code / Title 33 / Chapter 1 / Article 1 / Section 104
33-104 Right of person making land survey to enter lands; damages for injury to lands
Status: in_force

33-104. Right of person making land survey to enter lands; damages for injury to lands

A. Any person who is registered as a land surveyor under title 32, chapter 1 or who is an employee of the United States government may enter upon lands within this state to perform necessary work relating to land surveys, and may establish permanent monuments and erect the necessary signals and temporary observatories without committing unnecessary injury. The person making a survey under this section shall make every reasonable effort to give oral or written notice of the survey to the owner of the land before entering the land.

B. If the parties interested cannot agree upon the amount of damages caused thereby, either may petition the superior court to assess the damages.

C. The person entering lands for a land survey as provided by this section may tender to the injured party damages therefor, and if the damages finally assessed do not exceed the amount tendered, he shall recover costs.  Otherwise the injured party shall recover costs.

D. Notwithstanding this section, the owner or owner's agent may deny entry to normally restricted or hazardous areas.
A.R.S. § 33-1254 — Arizona Code / Title 33 / Chapter 9 / Article 3 / Section 1254
33-1254 Surplus monies
Status: in_force

33-1254. Surplus monies

Unless otherwise provided in the declaration, any surplus monies of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to their common expense liabilities or credited to them to reduce their future common expense assessments.
A.R.S. § 33-2141 — Arizona Code / Title 33 / Chapter 19 / Article 4 / Section 2141
33-2141 Noncompliance by the landlord
Status: in_force

33-2141. Noncompliance by the landlord

A. Except as otherwise provided by law, if there is a material noncompliance by the landlord with the rental agreement or the rules, 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 on a date not less than thirty days after receipt of the notice if the breach is not remedied in fourteen days.  If there is a noncompliance by the landlord 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 on a date not less than twenty days after receipt of the notice if the breach is not remedied in ten days.  The rental agreement shall terminate and the recreational vehicle space 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 before the date specified in the notice, the rental agreement shall not terminate.

2. The tenant shall not terminate the rental agreement for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or any other person on the premises with the tenant's consent.

B. Except as otherwise provided by law, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or any other provision of law.

C. The remedy provided in subsection B is in addition to any right of the tenant arising under subsection A.

D. If the rental agreement is terminated pursuant to this section, the landlord shall return all deposits less reasonable damages.
A.R.S. § 33-1221 — Arizona Code / Title 33 / Chapter 9 / Article 2 / Section 1221
33-1221 Alterations of units
Status: in_force

33-1221. Alterations of units

A. Subject to the provisions of the declaration and other provisions of law, a unit owner:

1. May make any improvements or alterations to the unit owner's unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.

2. Shall not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without written permission of the association.

3. After acquiring an adjoining unit or, if the declaration expressly allows, an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures in intervening partitions, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.

B. In addition to allowed modifications as prescribed by subsection A of this section and notwithstanding the condominium documents, the association shall not prohibit a unit owner from improving or altering the interior of the unit in a manner that may disturb adjacent unit occupants if the unit owner purchases and installs at the unit owner's own expense any reasonably necessary improved materials, accessories or other adjustments that eliminate or minimize the potential disturbance. The association shall not prohibit a unit owner from using any manner of decoration on the interior of the unit.
A.R.S. § 33-1476.05 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1476.05
33-1476.05 Relocations due to change in age-restricted community use; payment from mobile home relocation fund; applicability
Status: in_force

33-1476.05. Relocations due to change in age-restricted community use; payment from mobile home relocation fund; applicability

A. The landlord shall notify the director and all tenants in writing of a change in use at least sixty days before a change in the age-restricted community to an all-age community use as defined by the housing for older persons act of 1995.

B. A tenant is eligible for payment from the mobile home relocation fund if both of the following conditions are met:

1. The tenant resides in a mobile home or manufactured home that is owned by the tenant and that is located in an age-restricted mobile home park.

2. The landlord implements a change from an age-restricted community to an all-age community as defined by the housing for older persons act of 1995.

C. A landlord who changes a mobile home park designation from an age-restricted community shall give written notice of the applicability of this section to all affected tenants.

D. A tenant is eligible to receive relocation expenses pursuant to subsection B of this section as follows:

1. Within one hundred eighty days after the effective date of notification of the change in the age-restricted community's use, the tenant shall submit a contract for relocation of the mobile or manufactured home to the director for approval and to the landlord.

2. After notice of approval by the director for the payment of relocation expenses, the tenant shall have a fully signed contract with a licensed installer or contractor to move the mobile or manufactured home to a specific location.

3. The director shall approve or disapprove the contract submitted within fifteen days after receipt of the contract, and the contract is deemed to be approved on the sixteenth day if the director takes no action.

4. If the contract is approved, the payment of relocation expenses shall be made to the installer or contractor when both of the following are complete:

(a) The installer or contractor obtains valid permits to move the mobile or manufactured home to a new location.

(b) The installer or contractor provides documentation to the department that the installation of the mobile or manufactured home at the new location is complete and has been inspected by the department or its designee and is approved for occupancy.

5. If the contract is not approved, the tenant may appeal to an administrative law judge pursuant to title 41, chapter 37, article 5. The tenant shall provide notice pursuant to section 33-1451, subsection A, paragraph 6 if the tenant relocates.

6. On approval, the tenant is eligible for the lesser of the actual moving expenses of relocating the mobile home or $12,500 for a single-section mobile home or $20,000 for a multisection mobile home. Compensable moving expenses include the cost of taking down, moving and setting up the mobile home in the new location if the mobile home is relocated to another age-restricted community within a one hundred-mile radius of the vacated mobile home park.

E. The landlord shall not be responsible for making any payment into the mobile home relocation fund for any mobile or manufactured home moved pursuant to this section.
A.R.S. § 33-411.01 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 411.01
33-411.01 Recording real estate documents; indemnification by transferor
Status: in_force

33-411.01. Recording real estate documents; indemnification by transferor

Any document evidencing the sale, or other transfer of real estate or any legal or equitable interest therein, excluding leases, shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer. In lieu thereof, the transferor shall indemnify the transferee in any action in which the transferee's interest in such property is at issue, including costs, attorney's fees and punitive damages.
A.R.S. § 33-1473 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1473
33-1473 Self-help for minor defects
Status: in_force

33-1473. Self-help for minor defects

A. If the landlord fails to comply with section 33-1434, the tenant may recover damages for the breach under section 33-1471, subsection B, or may notify the landlord of his 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 twenty 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.

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 his family or other person on the premises with his consent.
A.R.S. § 33-1482 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1482
33-1482 Recovery of possession limited
Status: in_force

33-1482. Recovery of possession limited

A landlord may not recover or take possession of the mobile home space by action or otherwise, including wilful 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.
A.R.S. § 33-1003 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 1003
33-1003 Payment bond in lieu of lien right; bond purposes and conditions; recording
Status: in_force

33-1003. Payment bond in lieu of lien right; bond purposes and conditions; recording

A. Every owner of land, including any person who has a legal or equitable interest in the land, who enters a contract requiring any person to perform labor or professional services or to furnish materials, machinery, fixtures or tools in the construction, alteration or repair of any building or other structure or improvement on such land, may avoid the lien provisions of section 33-981 pertaining to agents by requiring the person with whom the owner contracts to furnish a payment bond.  On recordation of the payment bond together with a copy of such contract in the office of the county recorder, in the county in which the land is located, no lien shall thereafter be allowed or recorded by the person claiming a lien against the land on which the labor or professional services are performed or the materials, machinery, fixtures or tools furnished, as provided in this article, except by the person who contracts, in writing, directly with the owner.

B. A payment bond furnished pursuant to subsection A of this section shall be in the amount and form prescribed by title 34, chapter 2, article 2. The contract recorded with the bond shall contain a legal description of the land on which the work is being or is to be performed.

C. The bond provided for in this section shall be executed solely by one or more surety companies holding a certificate of authority to transact surety business in this state issued by the director of the department of insurance and financial institutions pursuant to title 20, chapter 2, article 1 and shall be accompanied by a power of attorney disclosing the authority of the person executing the same on behalf of the surety. Notwithstanding any other statute, the bond shall not be executed by an individual surety or sureties, even if the requirements of section 7-101 are satisfied.

D. The county recorder of the county in which the bond and contract are recorded shall index the bond and contract under the index classification in which mechanics' and materialmen's liens are recorded.
A.R.S. § 33-1405 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1405
33-1405 Settlement of disputed claim or right
Status: in_force

33-1405. 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.
A.R.S. § 33-236 — Arizona Code / Title 33 / Chapter 2 / Article 2 / Section 236
33-236 "Heir" and "issue" as words of limitation
Status: in_force

33-236. "Heir" and "issue" as words of limitation

When a remainder is limited to take effect upon the death of a person without heirs or heirs of his body, or without issue, the words "heirs" or "issue" shall mean heirs or issue living at the death of the person named as ancestor.
A.R.S. § 33-413 — Arizona Code / Title 33 / Chapter 4 / Article 2 / Section 413
33-413 Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor
Status: in_force

33-413. Invalidity of unrecorded marriage contract as to bona fide purchaser or creditor

No covenant or agreement made in consideration of marriage shall be valid against a purchaser for valuable consideration, or a creditor not having notice thereof, unless the covenant or agreement is duly acknowledged and recorded in the manner and form required for deeds and other conveyances.
A.R.S. § 33-994 — Arizona Code / Title 33 / Chapter 7 / Article 6 / Section 994
33-994 Right of owner of property against which lien is claimed to withhold payment to original contractor; procedure
Status: in_force

33-994. Right of owner of property against which lien is claimed to withhold payment to original contractor; procedure

Upon service of the notice and claim of lien, the owner may retain, out of the amount due or to become due the original contractor, the value of the labor or material furnished as shown by the notice and claim of lien. The owner shall furnish the original contractor with a true copy of the notice and claim of lien and if the contractor does not, within ten days after receipt of the copy, give the owner written notice that he intends to dispute the claim, he shall be considered as assenting to the demand, which shall be paid by the owner when it becomes due.
A.R.S. § 33-1417 — Arizona Code / Title 33 / Chapter 11 / Article 1 / Section 1417
33-1417 Rebates and referrals prohibited; mobile homes and manufactured homes; damages
Status: in_force

33-1417. Rebates and referrals prohibited; mobile homes and manufactured homes; damages

A. A landlord shall not offer, solicit, pay, receive or require from another landlord or from a person who is licensed pursuant to title 41, chapter 37, article 4 any form of compensation or benefit in connection with the purchase, sale, rental, location or removal of a mobile or manufactured home to or from a mobile home park or mobile home space.

B. A person who is licensed pursuant to title 41, chapter 37, article 4 shall not offer, solicit, pay, receive or require from another person who is licensed pursuant to title 41, chapter 37, article 4 or from a landlord any form of compensation or benefit in connection with the purchase, sale, rental, location or removal of a mobile or manufactured home to or from a mobile home park or mobile home space.

C. This section does not apply to any of the following:

1. Compensation paid by a licensed dealer or broker to a licensed salesperson for activities within the scope of employment.

2. Money or other benefits paid directly to a tenant or prospective tenant by a landlord when fully disclosed to the tenant in writing.

3. Payments or other benefits provided between a landlord and a licensed dealer or broker with an ongoing business relationship if those payments or benefits received total less than one hundred dollars in a calendar year.

4. Payments made by a landlord to a licensed dealer or broker as a commission in connection with the sale of a mobile or manufactured home or recreational vehicle owned by the landlord.

D. A person who violates this section is liable for three times the amount of money damages suffered by the person harmed.
A.R.S. § 33-1123 — Arizona Code / Title 33 / Chapter 8 / Article 2 / Section 1123
33-1123 Household furniture, furnishings and appliances; annual adjustment
Status: in_force

33-1123. Household furniture, furnishings and appliances; annual adjustment

(Caution:  1998 Prop. 105 applies)

A. Household furniture and furnishings, household goods, including consumer electronic devices, and household appliances personally used by the debtor or a dependent of the debtor and not otherwise specifically prescribed in this chapter are exempt from process provided their aggregate fair market value does not exceed $15,000.

B. The exemption provided by this section shall be adjusted annually beginning on January 1, 2024 and thereafter on January 1 of each successive year by the increase in the cost of living.  The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding year over the level as of August of the previous year of the consumer price index (all urban consumers, United States city average for all items) or its successor index as published by the United States department of labor, bureau of labor statistics, or its successor agency, with the amount of the exemption rounded up to the nearest $100.
A.R.S. § 33-1477 — Arizona Code / Title 33 / Chapter 11 / Article 4 / Section 1477
33-1477 Failure to maintain by tenant
Status: in_force

33-1477. Failure to maintain by tenant

If there is noncompliance by the tenant with section 33-1451 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 ten 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 mobile home space, 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 additional rent on the next date when periodic rent is due, or if the rental agreement was terminated, for immediate payment.