Arizona Revised Statutes Title 33 - Property
Chapter 1 LANDMARKS AND SURVEYS
Article 1 In General
Article 3 Arizona Coordinate System, 1983
- § 33-131 Arizona Coordinate System, 1983; Zones; Composition
A. The Arizona coordinate system, 1983, is the system of plane coordinates which has been established by the national geodetic survey for defining and...
- § 33-132 Coordinates Of System; Zone Definitions
A. The plane coordinates of a point on the earth's surface, to be used in the position or location of such point in the...
- § 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...
- § 33-134 Tract Located In More Than One Zone; Description
If a tract of land to be defined by a single description extends from one into another of the coordinate zones established by this...
- § 33-135 Reliance Of Purchaser Or Mortgagee Not Required
Nothing contained in this article requires any purchaser or mortgagee to rely on any land description, any part of which depends exclusively on the...
- § 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...
- § 33-137 Recording, Filing, Publishing Extensions And Densifications Of The Ground Marking System
A. Extensions and densifications of the ground marking system of the Arizona coordinate system, 1983, shall be executed in conformity with the standards and...
- § 33-138 Recording Prerequisite
Coordinates based on the Arizona coordinate system, 1983, shall not be presented to be recorded in any public land records unless the recording document...
Chapter 2 ESTATES
Article 1 Definitions and Classifications
Article 2 Future Interests
- § 33-221 Estates In Expectancy; Alienability
A. A freehold estate or a chattel real may be created to commence at a future time, subject to the provisions of this chapter....
- § 33-222 Alternative Future Estates
Two or more future estates may be created to take effect in the alternative, so that if the first in order fails to vest,...
- § 33-223 Time Of Creation Of Estates In Expectancy
The time of creation of an estate in expectancy is the time of: 1. Delivery of the grant if the estate in expectancy is...
- § 33-224 Effect Of Conveyance Purporting To Create Fee Tail; Effect Of Conveyance By Tenant In Tail
A. A devise, gift, grant or other conveyance which creates or transfers an estate which, at common law, would be an estate in fee...
- § 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,...
- § 33-226 Defeasibility Of Expectant Estate By Terms Of Grant Or Devise
A. An estate in expectancy may be defeated in any manner provided or authorized by the grant or devise by which the expectant estate...
- § 33-227 Contingent Remainder As Conditional Limitation
A. A remainder may be limited on a contingency which, if it should happen, will operate to abridge or determine the precedent estate. Such...
- § 33-228 Indestructibility Of Contingent Remainders
A. A remainder valid in its creation is not defeated by determination of the precedent estate before the contingency occurs upon which the remainder...
- § 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...
- § 33-233 Life Estate In Term Of Years
An estate for life may be created in an estate for a term of years and a remainder may be limited thereon.
- § 33-234 Time When Remainder On Life Estate Or Term Of Years Takes Effect
When a remainder on an estate for life or on an estate for years is not limited upon a contingency defeating or avoiding the...
- § 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,...
- § 33-237 Effect Of Posthumous Children Upon Limitations
A. When a future estate is limited to heirs, issue or children, posthumous children shall take as if born before the death of the...
- § 33-239 Use Of Accumulations For Support And Education Of Children
When rents and profits are directed to be accumulated for the benefit of an infant entitled to the estate in expectancy, and the infant...
- § 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...
Article 3 Perpetuities
- § 33-261 Rule Against Perpetuities
The common law rule known as the rule against perpetuities shall hereafter be applicable to all property of every kind and nature and estates...
Article 4 Conservation Easements
- § 33-271 Definitions
In this article, unless the context otherwise requires: 1. " Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations...
- § 33-272 Creation, Conveyance, Acceptance And Duration
A. Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or...
- § 33-273 Judicial Actions
A. An action affecting a conservation easement may be brought by: 1. An owner of an interest in the real property burdened by the...
- § 33-274 Validity And Assignment Of Conservation Easements
A. A conservation easement, or any assignment, release, modification, termination or other document altering or affecting a conservation easement, is only valid if recorded...
- § 33-275 Application Of Other Laws
A conservation easement created under this article: 1. Has the same rights as any other recorded interest in real property. 2. Is subject to...
- § 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...
Chapter 3 LANDLORD AND TENANT
Article 1 Obligations and Liabilities of Landlord
Article 2 Obligations and Liabilities of Tenant
Article 3 Termination of Tenancies
Article 4 Remedies of Landlord
Article 5 Applicability of Chapter
- § 33-381 Limitation
This chapter shall apply to all landlord-tenant relationships except for landlord-tenant relationships arising out of the rental of dwelling units which shall be governed...
Chapter 4 CONVEYANCES AND DEEDS
Article 1 Formal Requirements and Model Forms
- § 33-401 Formal Requirements Of Conveyance; Writing; Subscription; Delivery; Acknowledgment; Defects
A. No estate of inheritance, freehold, or for a term of more than one year, in lands or tenements, shall be conveyed unless the...
- § 33-402 Forms For Conveyances; Quit Claim; Conveyance; Warranty; Mortgage
The following or other equivalent forms varied to suit circumstances are sufficient: 1. To quit claim: For the consideration of ______________, I hereby quit...
- § 33-403 Easement Description; Validity
Notwithstanding any other provision of law, the description of easements and rights-of-way for public service corporation, telecommunications corporation or cable television system purposes reserved...
- § 33-404 Disclosure Of Beneficiary; Recording; Failure To Disclose
A. Notwithstanding section 33-411, subsection D, every deed or conveyance of real property, or an interest in real property, located in this state which...
- § 33-405 Beneficiary Deeds; Recording; Definitions
A. A deed that conveys an interest in real property, including any debt secured by a lien on real property, to a grantee beneficiary...
- § 33-406 Disclosure Of Transportation Of Water To Property By Motor Vehicle Or Train; Definition
A. Notwithstanding section 33-411, subsection D, a subdivider who sells a lot that was included in a plat approved by the legislative body of...
Article 2 Recording
- § 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...
- § 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...
- § 33-412 Invalidity Of Unrecorded Instruments As To Bona Fide Purchaser Or Creditor
A. All bargains, sales and other conveyances whatever of lands, tenements and hereditaments, whether made for passing an estate of freehold or inheritance or...
- § 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...
- § 33-414 Recording Of Judgments Affecting Title To Real Property; Inadmissibility Of Unrecorded Judgment
A. Every judgment of a court by which title to real property is affected shall be recorded in the office of the county recorder...
- § 33-415 Recording Of Master Mortgages; Including Master Mortgage Provisions By Reference In Other Mortgage
A. Any person may record in the office of the county recorder of any county master mortgages of real property. Master mortgages are not...
- § 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...
- § 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...
- § 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...
- § 33-419 Effect Of Record As Notice Of Instrument Affecting Land Located In Subsequently Created County
Where an instrument has been recorded in the proper county, and any property conveyed or encumbered by the instrument is located within another county...
- § 33-420 False Documents; Liability; Special Action; Damages; Violation; Classification
A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim...
- § 33-420.01 Suspension Of Line Of Credit; Payoff Demand Statement; Definitions
A. A secured lender under a revolving line of credit against real property shall suspend the revolving line of credit for a minimum of...
- § 33-421 Recording Of Liens
A. A nonconsensual lien, other than a lien recorded by a governmental entity or political subdivision or agency, a validly licensed utility or water...
- § 33-422 Land Divisions; Recording; Disclosure Affidavit
A. A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent...
- § 33-423 Disclosure; Reports; Indemnity; Applicability; Violation; Classification
A. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as...
- § 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...
Article 3 Rules of Construction and Interpretation
- § 33-431 Grants And Devises To Two Or More Persons; Estates In Common; Community Property With Right Of Survivorship; Joint Tenants With Right Of Survivorship
A. Except as otherwise provided in this section, all grants and devises of real property made to two or more persons create estates in...
- § 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...
- § 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...
- § 33-434 Covenants Between Purchaser And Seller
No person shall be obliged to insert the covenant of warranty, or restrained from inserting any clause in a conveyance which is deemed proper...
- § 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...
- § 33-435 Covenants Implied From Word "Grant" Or "Convey"
A. If the word " grant" or the word " convey" is used in a conveyance by which an estate of inheritance or fee...
- § 33-436 Effect Of Insubstantial Conditions In Conveyance
When a condition annexed to a grant or conveyance of land is merely nominal and without actual and substantial benefit to the party to...
- § 33-437 Defective Conveyance As Contract To Convey
When an instrument in writing, intended as a conveyance of real property or some interest therein, fails wholly or in part to take effect...
- § 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...
- § 33-439 Restrictions On Installation Or Use Of Solar Energy Devices Invalid; Exception
A. Any covenant, restriction or condition contained in any deed, contract, security agreement or other instrument affecting the transfer or sale of, or any...
- § 33-440 Enforceability Of Private Covenants; Definitions
A. An owner of real property may enter into a private covenant regarding that real property and the private covenant is valid and enforceable...
- § 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...
- § 33-442 Prohibition On Transfer Fees; Exceptions; Definitions
A. A provision in a declaration, covenant or any other document relating to real property in this state is not binding or enforceable against...
Article 4 Power to Convey
- § 33-451 Conveyance Of Separate Property
Married persons of the age of eighteen years or more may convey their separate property without being joined by the spouse in the conveyance.
- § 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...
- § 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...
- § 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...
- § 33-455 Conveyance Of Absolute Title By Judicial Sale; Effect Upon Rights Of Persons Not Parties
Every conveyance of real property by a commissioner, sheriff or other officer legally authorized to sell such property by virtue of a decree or...
- § 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...
- § 33-457 Fraudulent Representation By Married Person Of Ability To Convey Realty; Classification
A married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage real estate, when the validity of the...
- § 33-458 Resale Of Realty With Intent To Defraud; Classification
A person who, after selling, bartering or disposing of, or, after executing a bond or agreement for the sale of land, again knowingly and...
Article 5 Uniform Recognition of Acknowledgments Act
Article 6 Acknowledgments
Chapter 5 GIFTS
Article 1 Formal Requirements
- § 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...
Chapter 6 MORTGAGES
Article 1 Mortgages Generally
- § 33-701 Interests Which May Be Mortgaged; Formal Requirements; Recording
A. Any interest in real property capable of being transferred may be mortgaged. B. A mortgage may be created, renewed or extended only by...
- § 33-702 Mortgage Defined; Admissibility Of Proof That Transfer Is A Mortgage
A. Every transfer of an interest in real property, other than in trust, or a trust deed subject to the provisions of chapter 6.1...
- § 33-703 Effect Of Mortgage As Lien; Right To Possession Of Mortgaged Property; Rights Of Mortgagee In Property Acquired By Mortgagor After Execution Of Mortgage
A. A mortgage is a lien upon everything that would pass by a grant of the property, but does not entitle the mortgagee to...
- § 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...
- § 33-705 Purchase Money Mortgage Or Deed Of Trust; Priority
A mortgage or deed of trust that is given as security for a loan made to purchase the real property that is encumbered by...
- § 33-706 Assignment Of Mortgage; Recording As Notice
An assignment of a mortgage may be recorded in like manner as a mortgage, and the record is notice to all persons subsequently deriving...
- § 33-707 Acknowledgment Of Satisfaction; Recording
A. If a mortgagee, trustee or person entitled to payment receives full satisfaction of a mortgage or deed of trust, he shall acknowledge satisfaction...
- § 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...
- § 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...
- § 33-710 Release By Foreign Personal Representative, Administrator, Guardian Or Conservator
When a personal representative or administrator of the estate of a person not a resident of this state at the time of his death...
- § 33-711 Release By Heir Or Legatee
An heir or legatee of a deceased person, residing within or without the state, upon recording in the office of the county recorder sufficient...
- § 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...
- § 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...
- § 33-714 Expiration Of Mortgage And Deed Of Trust; Applicability
A. The lien of any mortgage or deed of trust on any real property that is not otherwise satisfied or discharged expires at the...
- § 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...
Article 2 Foreclosure
- § 33-721 Foreclosure Of Mortgage By Court Action
Mortgages of real property and deeds of trust of a type not included in the definition of deed of trust provided in section 33-801,...
- § 33-722 Election Between Action On Debt Or To Foreclose
If separate actions are brought on the debt and to foreclose the mortgage given to secure it, the plaintiff shall elect which to prosecute...
- § 33-723 Right Of Junior Lien Holder Upon Foreclosure Action By Senior Lien Holder
Any time after an action to foreclose a mortgage or deed of trust is brought, and prior to the sale, a person having a...
- § 33-724 State As Party To Foreclosure Actions
A. The state may be made a party to an action to foreclose a mortgage upon real property when the state claims any estate,...
- § 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...
- § 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...
- § 33-727 Sale Under Execution; Deficiency; Order Of Liens; Writ Of Possession
A. Except as provided in sections 33-729 and 33-730, if the mortgaged property does not sell for an amount sufficient to satisfy the judgment,...
- § 33-728 Recording Upon Record That Mortgage Is Foreclosed And Judgment Satisfied; Effect
When a mortgage has been foreclosed by action in court, and the judgment has been paid and satisfaction thereof entered upon the docket, the...
- § 33-729 Purchase Money Mortgage; Limitation On Liability
A. Except as provided in subsections B and C of this section, if a mortgage is given to secure the payment of the balance...
- § 33-730 Limitation On Deficiency Judgment On Mortgage Or Deed Of Trust As Collateral For Consumer Goods
A. If both a security agreement and a mortgage or deed of trust have been given to secure payment of the balance of the...
Article 3 Forfeiture and Reinstatement of Purchaser's Interest Under Contract for Conveyance of Real Property
- § 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...
- § 33-742 Forfeiture Of Interest Of Purchaser In Default Under Contract
A. If a purchaser is in default by failing to pay monies due under the contract, a seller may, after expiration of the applicable...
- § 33-743 Notice Of Election To Forfeit And Reinstatement Of Purchaser's Interest
A. If the seller elects to forfeit the purchaser's interest in the property, the seller and the account servicing agent, if one has been...
- § 33-744 Completion Of Forfeiture By Judicial Process
At any time after expiration of the period provided for in the notice of election to forfeit, the seller may complete the forfeiture of...
- § 33-745 Completion Of Forfeiture By Notice
A. If an account servicing agent has been appointed to hold documents and collect monies due under the contract and the agent has recorded...
- § 33-746 Request For Copy Of Notice Of Election To Forfeit
A. Any person, including, without limitation, a person in possession of the property or having an interest in or a lien or encumbrance on...
- § 33-747 Appointment Of Successor Account Servicing Agent
A. If a person appointed as account servicing agent fails to qualify or is unwilling or unable to serve, the seller may appoint a...
- § 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...
- § 33-749 Other Remedies
A. The seller may maintain an action against any person, including the purchaser, for a claim for relief if damages or injury occurs, or...
- § 33-750 Conveyance By Seller; Payment In Full; Payoff Deed
A. A seller who is entitled to payment and who receives full payment of all monies due under the contract shall deliver to the...
Chapter 6 DEEDS OF TRUST
Article 1 General Provisions
- § 33-801 Definitions
In this chapter, unless the context otherwise requires: 1. " Beneficiary" means the person named or otherwise designated in a trust deed as the...
- § 33-802 Description Of Trust Property; Mailing Address Of Trustor And Trustee
A. In deeds of trust the legal description of trust property shall be given by one of the following methods: 1. By the use...
- § 33-803 Trustee Of Trust Deed; Qualifications
A. Except as provided in subsection B, the trustee of a trust deed shall be: 1. An association or corporation doing business under the...
- § 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...
- § 33-804 Appointment Of Successor Trustee By Beneficiary
A. If a person appointed as trustee fails to qualify, is unwilling or unable to serve or resigns as trustee or if a trustee...
- § 33-805 Deed Of Trust As Security
Deeds of trust may be executed as security for the performance of a contract or contracts. Except with respect to chapter 6 of this...
- § 33-806 Transfers In Trust Of Real Property; Uses
A. Transfers of trust property may be made to secure the performance of a contract or contracts of the trustor or any other person....
- § 33-806.01 Trustor's Right To Transfer; Transfer Fee Limit; Interest Rate Increase Limit
A. Nothing in this article shall be construed to prevent or limit the right of a trustor to transfer his interest in the trust...
- § 33-807 Sale Of Trust Property; Power Of Trustee; Foreclosure Of Trust Deed
A. By virtue of his position, a power of sale is conferred upon the trustee of a trust deed under which the trust property...
- § 33-808 Notice Of Trustee's Sale
A. The trustee shall give written notice of the time and place of sale legally describing the trust property to be sold by each...
- § 33-809 Request For Copies Of Notice Of Sale; Mailing By Trustee; Disclosure Of Information Regarding Trustee Sale
A. A person desiring a copy of a notice of sale under a trust deed, at any time subsequent to the recording of the...
- § 33-810 Sale By Public Auction; Postponement Of Sale
A. On the date and at the time and place designated in the notice of sale, the trustee shall offer to sell the trust...
- § 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...
- § 33-812 Disposition Of Proceeds Of Sale
A. The trustee shall apply the proceeds of the trustee's sale in the following order of priority: 1. To the costs and expenses of...
- § 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...
- § 33-814 Action To Recover Balance After Sale Or Foreclosure On Property Under Trust Deed
A. Except as provided in subsections F, G and H of this section, within ninety days after the date of sale of trust property...
- § 33-815 Method Of Indexing
Every trust deed, substitution of trustee, notice of resignation of trustee, request for notice, assignment of beneficial interest under a trust deed, notice of...
- § 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...
- § 33-817 Transfer Of Secured Contract
The transfer of any contract or contracts secured by a trust deed shall operate as a transfer of the security for such contract or
- § 33-818 Notice From Instruments Recorded; Assignment Of A Beneficial Interest
Except as otherwise provided in this section, a trust deed, substitution of trustee, notice of resignation of trustee, assignment of a beneficial interest under...
- § 33-819 Exempt Transactions
If a trust deed is executed for a principal purpose other than or in addition to securing the performance of a contract or contracts,...
- § 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...
- § 33-821 Exemption From Definition
A deed of trust shall not be considered a deed or contract under the provisions of title 42, chapter 10, article 2 or a...
Chapter 7 LIENS
Article 1 Farm Services Lien
- § 33-901 Lien For Furnishing Labor Or Machinery Upon Agricultural Land
A person who labors or furnishes labor or machinery or equipment in improving and preparing agricultural lands for planting crops, and to whom wages...
- § 33-902 Procedure To Claim Lien; Foreclosure
A. A person claiming a lien under this article, within ten days after the labor is performed or the use of the machinery and...
- § 33-903 Nonliability Of Vendee Of Crops Upon Lien For Farm Services; Demand Of Statement From Vendor; Refusal To Make Or Making Of Erroneous Statement By Vendor; Classification
If farm products are removed from the premises upon which grown, and sold to a shipper, wholesale dealer or manufacturer upon the open market...
- § 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...
- § 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...
- § 33-906 Joinder Of Actions; Costs
Any number of persons claiming liens against the same property under this article may join in the same action, and when separate actions are...
- § 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...
- § 33-908 Additional Remedies
This article shall not be construed to impair or affect the right of any person to whom a debt is due for work done...
- § 33-909 Release Of Farm Services Lien
When any lien established by the provisions of this article has been satisfied, the lienholder shall, within thirty days after satisfaction, issue a release...
Article 3 Health Care Provider Liens
Article 4 Innkeeper's Lien
Article 5 Judgment Liens on Real Property
Article 6 Mechanics' and Materialmen's Liens
- § 33-981 Lien For Labor; Professional Services Or Materials Used In Construction, Alteration Or Repair Of Structures; Preliminary Twenty Day Notice; Exceptions
A. Except as provided in sections 33-1002 and 33-1003, every person who labors or furnishes professional services, materials, machinery, fixtures or tools in the...
- § 33-982 Claim Of Lien By Assignee Of Contract Or Account For Material Furnished Or Labor Performed
An assignee of a contract or account for material furnished or labor performed may verify, file, record and enforce the contract as if he...
- § 33-983 Lien For Improvements To City Lots Or Other Land
A. A person who furnishes professional services or material or labors upon a lot in an incorporated city or town, or any parcel of...
- § 33-984 Lien For Labor Or Materials Furnished Mill, Factory Or Hoisting Works
Foundrymen, boilermakers, and other persons who labor or furnish materials for the construction, alteration, repair or operation of a mill, factory or hoisting works...
- § 33-985 Lien For Labor Or Materials Furnished Domestic Vessel
Persons who furnish supplies or material or do repairs or perform labor for or on account of a domestic vessel owned wholly or in...
- § 33-986 Lien For Labor In Cutting Wood, Logs Or Ties
Persons who cut or cord wood, cut, saw or skid logs, cut, saw, hew or pile ties at the request of the owner thereof,...
- § 33-987 Lien For Labor Or Materials Furnished On Waterways, Highways, Excavations Or Land
A person who labors or furnishes labor or materials in the construction, alteration or repair of any canal, water ditch, flume, aqueduct or reservoir,...
- § 33-988 Lien For Labor Or Materials Furnished Railroad
A person who labors or furnishes labor, teams, materials, machinery, fixtures or tools in the construction, repair or operation of a railroad, locomotive, car...
- § 33-989 Lien For Labor Or Material Furnished Mines And Mining Claims; Priority
A. A person who labors or furnishes materials or merchandise of any kind, designed for or used in or upon a mine or mining...
- § 33-990 Posting Of "No Lien" Notice By Owner Not Operating Mine; Violation; Classification
A. The provisions of section 33-989 shall not apply and the owner of a mine or mining claim shall not be responsible for any...
- § 33-991 Lands To Which Liens Extend; Rural Lands; City Lots; Subdivision Lots; Mining Claims
A. If the land upon which an improvement is made and labor or professional services have been performed lies outside of the limits of...
- § 33-992 Preference Of Liens Over Subsequent Encumbrances; Professional Services Liens
A. The liens provided for in this article, except as provided in subsection B of this section or unless otherwise specifically provided, are preferred...
- § 33-992.01 Preliminary Twenty Day Notice; Definitions; Content; Election; Waiver; Service; Single Service; Contract
A. For the purposes of this section: 1. " Construction lender" means any mortgagee or beneficiary under a deed of trust lending funds all...
- § 33-992.02 Proof Of Mailing Of Preliminary Twenty Day Notice; Receipt; Affidavit
Proof that the preliminary twenty day notice required by section 33-992.01 was given in accordance with section 33-992.01, subsection F shall be made as...
- § 33-993 Procedure To Perfect Lien; Notice And Claim Of Lien; Service; Recording; Definitions
A. In order to impress and secure the lien provided for in this article, every person claiming the benefits of this article, within one...
- § 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...
- § 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....
- § 33-996 Joinder Of Persons Claiming Liens; Claimant As Party Defendant; Intervention
Lienors not contesting the claims of each other may join as plaintiffs, and when separate actions are commenced the court may consolidate them, and...
- § 33-997 Sale Of Property To Satisfy Lien
No sale of property to satisfy a lien granted under the provisions of this article shall be made except upon judgment of foreclosure and...
- § 33-998 Limitation Of Action To Foreclose Lien; Attorney Fees
A. A lien granted under the provisions of this article shall not continue for a longer period than six months after it is recorded,...
- § 33-999 Right Of Lienholder To Have Land And Improvements Sold Together Or Separately; Right Of Purchaser To Possession
A. The person enforcing a lien granted under the provisions of this article may have the lot or land and improvements sold together, or...
- § 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...
- § 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...
- § 33-1002 Definitions; Inapplicability Of Certain Liens To Owner‑occupied Dwelling; Waiver Void
A. In this section: 1. " Dwelling" means real property upon which there has been constructed or is to be constructed any building, structure...
- § 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 therein, who enters a contract requiring any person to...
- § 33-1004 Discharge Of Mechanic's Liens; Bond; Limitations Of Actions; Discharge Of Surety; Judgment
A. After perfection of a lien pursuant to this article, an owner, including any person who has a legal or equitable interest in the...
- § 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,...
- § 33-1006 Release Of Mechanic's And Materialman's Liens; Liability
A. When any lien established by the provisions of this article has been satisfied, the lienholder shall, within twenty days after satisfaction, issue a...
- § 33-1007 Definition Of Professional Services
In this article, unless the context otherwise requires, " professional services" means architectural practice, engineering practice or land surveying practice as defined in section
- § 33-1008 Waiver Of Lien
A. An owner or contractor by any term of their contract, or otherwise, may not waive or impair the claims or liens of other...
Article 7 Personal Property Liens
- § 33-1021 Lien For Labor Or Materials Furnished On Personal Property; Right To Possess Property
When an article, implement, utensil or vehicle, except motor vehicles, is repaired or cleaned, glazed or washed, with labor, with or without material, by...
- § 33-1021.01 Dry Cleaners' And Launderers' Lien; Foreclosure
A. When any garment, wearing apparel or other article is cleaned, pressed or washed by any dry cleaner or launderer, the dry cleaner or...
- § 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...
- § 33-1022.01 Fabrication Work; Lien
Persons who fabricate products from patterns, molds, tools, dies and all other equipment and material furnished them by a customer shall have a lien...
- § 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...
Article 8 Uniform Federal Lien Registration Act
- § 33-1031 Applicability
This article applies only to federal tax liens and to other federal liens, notices of which under any act of Congress or any regulation...
- § 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...
- § 33-1033 Execution Of Notices And Certificates
Certification of notices of liens, certificates or other notices affecting federal liens by the secretary of the treasury of the United States or his...
- § 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...
- § 33-1035 Fees
The filing officer shall receive fees as provided by law and shall bill the district directors of internal revenue or other appropriate federal officials...
Article 9 Stop Notices
- § 33-1051 Definitions
In this article, unless the context otherwise requires: 1. " Bonded stop notice" means a stop notice that is given to any construction lender...
- § 33-1052 Stop Notice; Defect In Form
A stop notice is not invalid by reason of any defect in form if it is sufficient to substantially inform the owner of the...
- § 33-1053 Applicability
This section and sections 33-1054 through 33-1067 apply only to private work. Private work does not include dwellings of owner-occupants as defined in section
- § 33-1054 Persons Authorized; Notice To Owner; Failure To Serve Notice After Demand
Any person entitled to record a claim of lien under article 6 of this chapter, other than the original contractor, may give to the...
- § 33-1055 Persons Authorized; Election By Construction Lender To Withhold Monies; Copy Of Bond; Recovery Limits
A. Any person entitled to record a claim of lien under article 6 of this chapter may give to a construction lender a stop...
- § 33-1056 Effective Notice
A. The stop notice shall be delivered to the owner personally or left at the owner's residence with a person of suitable age and...
- § 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...
- § 33-1058 Withholding Monies By Construction Lenders; Payment Bond
A. On receipt of a stop notice pursuant to section 33-1055, the construction lender may and on receipt of a bonded stop notice shall...
- § 33-1059 Assignment Of Monies; Effect
A. Whether made before or after a stop notice or bonded stop notice is given to a construction lender, no assignment by the owner...
- § 33-1060 Pro Rata Distribution Of Monies
If monies withheld or required to be withheld pursuant to any stop notice or bonded stop notice are insufficient to pay in full the...
- § 33-1061 False Notice
Any person who wilfully gives a false stop notice or bonded stop notice or wilfully includes in the notice any labor, professional services, materials,...
- § 33-1062 Release Of Stop Notice Or Bonded Stop Notice; Surety Bond
A. An owner, a construction lender or any original contractor or subcontractor who disputes any stop notice or bonded stop notice may file with...
- § 33-1063 Commencement Of Actions; Limitations
A. An action against the owner or construction lender to enforce payment of the claim stated in the stop notice or bonded stop notice...
- § 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...
- § 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...
- § 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...
- § 33-1067 Interest
If the plaintiff is the prevailing party in any action against an owner or construction lender to enforce payment of a claim stated in...
Article 10 Commercial Real Estate Broker Liens
Chapter 8 HOMESTEAD AND PERSONAL PROPERTY EXEMPTION
Article 1 Homesteads and Homestead Exemption
Article 2 Personal Property Exemption
- § 33-1121 Definitions
In this article, unless the context otherwise requires: 1. " Debtor" means an individual whether married or single utilizing property described in this article...
- § 33-1121.01 Availability Of Exemptions
In the case of married persons, each spouse is entitled to the exemptions provided in this article, which may be combined with the other...
- § 33-1122 Debtor's Property Not Exempt From Process
The property declared exempt by this article is not exempt from process utilized to enforce a security interest in or pledge of such property,...
- § 33-1123 Household Furniture, Furnishings And Appliances
Household furniture and furnishings, household goods, including consumer electronic devices, and household appliances personally used by the debtor or a dependent of the debtor...
- § 33-1124 Food, Fuel And Provisions
All food, fuel and provisions actually provided for the debtor's individual or family use for six months are exempt from process.
- § 33-1125 Personal Items
The following property of a debtor used primarily for personal, family or household purposes shall be exempt from process: 1. All wearing apparel not...
- § 33-1126 Money Benefits Or Proceeds; Exception
A. The following property of a debtor is exempt from execution, attachment or sale on any process issued from any court: 1. All money...
- § 33-1127 School Equipment
The library and philosophical and chemical or other apparatus belonging to a debtor and used for the instruction of youth in any university, college,...
- § 33-1128 Fire Fighting Equipment
All fire engines, hooks and ladders, with the carts, trucks, carriages, hose, buckets, implements and apparatus appertaining thereto, and all furniture and uniforms of...
- § 33-1129 Public Property Or Property Of A Public Character
All court houses, jails, public offices, buildings, lots, grounds and personal property, the fixtures, furniture, books and papers and appurtenances belonging and pertaining to...
- § 33-1130 Tools And Equipment Used In A Commercial Activity, Trade, Business Or Profession
The following tools and equipment of a debtor used in a commercial activity, trade, business or profession shall be exempt from process: 1. The...
- § 33-1131 Definition; Wages; Salary; Compensation
A. For the purposes of this section, " disposable earnings" means that remaining portion of a debtor's wages, salary or compensation for his personal...
- § 33-1132 Waiver Of Exemption Rights Void
Notwithstanding any agreement to the contrary, a waiver of the exemption rights provided by this article shall be void and unenforceable, except as specifically...
- § 33-1133 Other Exemption Laws
A. Nothing in this article shall be construed to displace other provisions of law which afford additional or greater protection to a debtor's property....
Article 3 Exemption From Execution of Foreign Judgment
Chapter 9 CONDOMINIUMS
Article 1 General Provisions
- § 33-1201 Applicability
This chapter applies to all condominiums created within this state without regard to the date the condominium was created.
- § 33-1202 Definitions
In the condominium documents, unless specifically provided otherwise or the context otherwise requires, and in this chapter: 1. " Affiliate of a declarant" means...
- § 33-1203 Variation
Except as expressly provided in this chapter, the provisions of this chapter shall not be varied by agreement and rights conferred by this chapter...
- § 33-1204 Separate Titles And Taxation
A. If there is a unit owner other than a declarant, each unit that has been created, together with its interest in the common...
- § 33-1205 Applicability Of Local Ordinances, Rules And Building Codes
A. A zoning, subdivision or building code or other real estate use law, ordinance or rule shall not prohibit a condominium form of ownership...
- § 33-1206 Eminent Domain
A. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner...
- § 33-1207 Severability
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions...
Article 2 Creation, Alteration and Termination of Condominiums
- § 33-1211 Creation Of Condominium
A condominium may only be created pursuant to this chapter by recording a declaration in the same manner as a deed in each county...
- § 33-1212 Unit Boundaries
Except as provided by the declaration: 1. If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard,...
- § 33-1213 Construction And Validity Of Declaration And Bylaws
A. All provisions of the condominium documents are severable. B. The rule against perpetuities shall not be applied to defeat any provision of the...
- § 33-1214 Description Of Units
A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or counties in...
- § 33-1215 Contents Of Declaration
A. The declaration shall contain: 1. The name of the condominium, which shall include the word " condominium" or be followed by the words...
- § 33-1216 Leasehold Condominiums
A. Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. Unless the lease otherwise...
- § 33-1217 Allocation Of Common Element Interests, Votes And Common Expense Liabilities
A. The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association,...
- § 33-1218 Limited Common Elements
A. Except for the limited common elements described in section 33-1212, paragraphs 2 and 4, other than porches, balconies, patios and entryways, the declaration...
- § 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...
- § 33-1220 Exercise Of Development Rights
A. To exercise a development right the declarant shall prepare, execute and record an amendment to the declaration which shall include a new plat...
- § 33-1221 Alterations Of Units
Subject to the provisions of the declaration and other provisions of law, a unit owner: 1. May make any improvements or alterations to his...
- § 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...
- § 33-1223 Subdivision Of Units
If the declaration expressly permits, a unit may be subdivided into two or more units. A unit owner shall prepare an amendment to the...
- § 33-1224 Easement For Encroachments
To the extent that any unit or common element encroaches on any other unit or common element as a result of original construction, shifting...
- § 33-1225 Use For Sale Purposes
A declarant may maintain sales offices, management offices and models in units or on common elements in the condominium unless: 1. The declaration provides...
- § 33-1226 Easement To Facilitate Exercise Of Special Declarant Rights
Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose...
- § 33-1227 Amendment Of Declaration
A. Except in cases of amendments that may be executed by a declarant under section 33-1220, by the association under section 33-1206 or section...
- § 33-1228 Termination Of Condominium
A. Except in the case of a taking of all the units by eminent domain, a condominium may be terminated only by agreement of...
- § 33-1229 Rights Of Secured Lenders
The declaration may require that all or a specified number or percentage of the mortgagees, beneficiaries of deeds of trust or sellers under contracts,...
- § 33-1230 Merger Or Consolidation Of Condominiums
A. Any two or more condominiums, by agreement of the unit owners as provided in subsection B, may be merged or consolidated into a...
Article 3 Management of the Condominium
- § 33-1241 Organization Of Unit Owners' Association
A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the...
- § 33-1242 Powers Of Unit Owners' Association; Notice To Unit Owner Of Violation
A. Subject to the provisions of the declaration, the association may: 1. Adopt and amend bylaws and rules. 2. Adopt and amend budgets for...
- § 33-1243 Board Of Directors And Officers; Conflict; Powers; Limitations; Removal; Annual Audit; Applicability
A. Except as provided in the declaration, the bylaws, subsection B of this section or other provisions of this chapter, the board of directors...
- § 33-1244 Transfer Of Special Declarant Rights
A. A special declarant right created or reserved under this chapter shall not be transferred except by an instrument evidencing the transfer recorded in...
- § 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...
- § 33-1246 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...
- § 33-1247 Upkeep Of The Condominium
A. Except to the extent provided by the declaration, subsection C of this section or section 33-1253, subsection B, the association is responsible for...
- § 33-1248 Open Meetings; Exceptions
A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the unit owners' association and the board...
- § 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...
- § 33-1250 Voting; Proxies; Absentee Ballots; Applicability; Definition
A. If only one of the multiple owners of a unit is present at a meeting of the association, the owner is entitled to...
- § 33-1251 Tort And Contract Liability
A. An action alleging a wrong done by the association shall be brought against the association and not against any unit owner. B. A...
- § 33-1252 Conveyance Or Encumbrance Of Common Elements
A. Portions of the common elements may be conveyed or subjected to a mortgage, deed of trust or security interest by the association if...
- § 33-1252.01 Conveyance Of Certain Real Property
A. Real property that is held as an asset of the association and that is not held as a common element of the condominium...
- § 33-1253 Insurance
A. Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall...
- § 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...
- § 33-1255 Assessments For Common Expenses; Applicability
A. Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the...
- § 33-1256 Lien For Assessments; Priority; Mechanics' And Materialmen's Liens; Applicability
A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The...
- § 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...
- § 33-1258 Association Financial And Other Records; Applicability
A. Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for...
- § 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...
- § 33-1260 Resale Of Units; Information Required; Fees; Civil Penalty; Applicability; Definition
A. For condominiums with fewer than fifty units, a unit owner shall mail or deliver to a purchaser or a purchaser's authorized agent within...
- § 33-1260.01 Rental Property; Unit Owner And Agent Information; Fee; Disclosure
A. A unit owner may use the unit owner's unit as a rental property unless prohibited in the declaration and shall use it in...
- § 33-1261 Flag Display; For Sale, Rent Or Lease Signs; Political Signs And Activities; Applicability
A. Notwithstanding any provision in the condominium documents, an association shall not prohibit the outdoor display of any of the following: 1. The American...
Article 4 Administration of the Condominium Act
Chapter 10 ARIZONA RESIDENTIAL LANDLORD AND TENANT ACT
Article 1 General Provisions
- § 33-1301 Short Title
This chapter shall be known and may be cited as the Arizona residential landlord and tenant act.
- § 33-1302 Purposes
Underlying purposes and policies of this chapter are: 1. To simplify, clarify, modernize and revise the law governing the rental of dwelling units and...
- § 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...
- § 33-1304 Applicability Of Chapter
This chapter shall apply to the rental of dwelling units. Any conflict between the provisions of chapter 3 and chapter 7 of this title...
- § 33-1305 Administration Of Remedies; Enforcement
A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a...
- § 33-1306 Settlement Of Disputed Claim Or Right
A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
- § 33-1307 Territorial Application
This chapter applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this
- § 33-1308 Exclusions From Application Of Chapter
Unless created to avoid the application of this chapter, the following arrangements are not covered by this chapter: 1. Residence at an institution, public...
- § 33-1309 Jurisdiction And Service Of Process
A. The appropriate court of this state may exercise jurisdiction over any landlord with respect to any conduct in this state governed by this...
- § 33-1310 General Definitions
Subject to additional definitions contained in subsequent articles of this chapter which apply to specific articles thereof, and unless the context otherwise requires, in...
- § 33-1311 Obligation Of Good Faith
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy...
- § 33-1312 Unconscionability
A. If the court, as a matter of law, finds either of the following: 1. A rental agreement or any provision thereof was unconscionable...
- § 33-1313 Notice
A. A person has notice of a fact if he has actual knowledge of it, has received a notice or notification of it or...
- § 33-1314 Terms And Conditions Of Rental Agreement
A. The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of...
- § 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...
- § 33-1315 Prohibited Provisions In Rental Agreements
A. A rental agreement shall not provide that the tenant does any of the following: 1. Agrees to waive or to forego rights or...
- § 33-1316 Separation Of Rents And Obligations To Maintain Property Forbidden
A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with...
- § 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...
- § 33-1318 Early Termination By Tenant For Domestic Violence; Conditions; Lock Replacement; Access Refusal; Treble Damages; Immunity
A. A tenant may terminate a rental agreement pursuant to this section if the tenant provides to the landlord written notice pursuant to this...
- § 33-1318.01 Early Release Termination For Law Enforcement Officers; Definition
A. A law enforcement officer may terminate a rental agreement in the same manner established in section 33-1318 if the law enforcement officer provides...
- § 33-1319 Bedbug Control; Landlord And Tenant Obligations; Definitions
A. A landlord has the following obligations with respect to a bedbug infestation: 1. The landlord shall provide bedbug educational materials to existing and...
Article 2 Landlord Obligations
Article 3 Tenant Obligations
Article 4 Remedies
- § 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...
- § 33-1362 Failure To Deliver Possession
A. If the landlord fails to deliver physical possession of the dwelling unit to the tenant as provided in section 33-1323, rent abates until...
- § 33-1363 Self‑help For Minor Defects
A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an...
- § 33-1364 Wrongful Failure To Supply Heat, Air Conditioning, Cooling, Water, Hot Water Or Essential Services
A. If contrary to the rental agreement or section 33-1324 the landlord deliberately or negligently fails to supply running water, gas or electrical service,...
- § 33-1365 Landlord's Noncompliance As Defense To Action For Possession Or Rent; Definition
A. In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession,...
- § 33-1366 Fire Or Casualty Damage
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit...
- § 33-1367 Tenant's Remedies For Landlord's Unlawful Ouster, Exclusion Or Diminution Of Services
If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the...
- § 33-1368 Noncompliance With Rental Agreement By Tenant; Failure To Pay Rent; Utility Discontinuation; Liability For Guests; Definition
A. Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of...
- § 33-1369 Failure To Maintain
If there is noncompliance by the tenant with section 33-1341 materially affecting health and safety that can be remedied by repair, replacement of a...
- § 33-1370 Abandonment; Notice; Remedies; Personal Property; Definition
A. If a dwelling unit is abandoned after the time prescribed in subsection H of this section, the landlord shall send the tenant a...
- § 33-1371 Acceptance Of Partial Payments
A. A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent...
- § 33-1372 Landlord Liens; Distraint For Rent
A. A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before the effective...
- § 33-1373 Remedy After Termination
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages...
- § 33-1374 Recovery Of Possession Limited
A landlord may not recover or take possession of the dwelling unit by action or otherwise, including forcible removal of the tenant or his...
- § 33-1375 Periodic Tenancy; Hold‑over Remedies
A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior...
- § 33-1376 Landlord And Tenant Remedies For Abuse Of Access
A. If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In...
- § 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...
- § 33-1378 Removal Of Guest
A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without...
Article 5 Retaliatory Action
Chapter 11 ARIZONA MOBILE HOME PARKS RESIDENTIAL LANDLORD AND TENANT ACT
Article 1 General Provisions
- § 33-1401 Short Title
This chapter shall be known and may be cited as the Arizona mobile home parks residential landlord and tenant act.
- § 33-1402 Purposes
Underlying purposes and policies of this chapter are: 1. To simplify, clarify and establish the law governing the rental of mobile home spaces and...
- § 33-1403 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...
- § 33-1404 Administration Of Remedies; Enforcement
A. The remedies provided by this chapter shall be so administered that the aggrieved party may recover appropriate damages. The aggrieved party has a...
- § 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.
- § 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...
- § 33-1407 Exclusions From Application Of Chapter
A. This chapter does not apply to an occupancy in or operation of public housing as authorized, provided or conducted under or pursuant to...
- § 33-1408 Jurisdiction And Service Of Process; Recovery Of Attorney Fees; Treble Damages
A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed...
- § 33-1409 General Definitions
Subject to additional definitions which are contained in subsequent articles of this chapter and which apply to those specific articles, and unless the context...
- § 33-1410 Obligation Of Good Faith
Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy...
- § 33-1411 Unconscionability
A. If the hearing officer or court, as a matter of law, finds: 1. That a rental agreement or any provision thereof was unconscionable...
- § 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...
- § 33-1413 Terms And Conditions Of Rental Agreement
A. At the beginning of the tenancy, a signed, written rental agreement must be executed by the landlord or designated agent and a tenant....
- § 33-1413.01 Utility Charges; Waste, Garbage And Rubbish Removal Charges
A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period...
- § 33-1413.02 Guest Fee
The rental agreement may provide that the landlord may charge a guest fee.
- § 33-1413.03 Care Givers; Treatment Plan
A resident may have one person at least eighteen years of age occupy the resident's mobile home on a temporary basis to provide necessary...
- § 33-1414 Prohibited Provisions In Rental Agreements; Late Payment Penalty
A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or to forego rights or remedies under this chapter. 2....
- § 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...
- § 33-1416 Preemption By State; Regulation Of Rents; Exception
A. Notwithstanding any other provision of law, the state legislature determines that the imposition of rent control on mobile home spaces by counties, cities,...
- § 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...
- § 33-1418 Incorporated Tenants' Park Purchase Association
A. An incorporated tenants' park purchase association may be formed for the purpose of giving written notification to the owner of a mobile home...
Article 2 Landlord Obligations
Article 3 Tenant Obligations
Article 4 Remedies
- § 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...
- § 33-1472 Failure To Deliver Possession
A. If the landlord fails to deliver physical possession of the mobile home space to the tenant as provided in section 33-1433, rent abates...
- § 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...
- § 33-1474 Wrongful Failure To Supply Essential Services
A. If contrary to the rental agreement or section 33-1434, the landlord deliberately or negligently fails to supply essential services, the tenant may give...
- § 33-1475 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...
- § 33-1476 Termination Or Nonrenewal Of Rental Agreement By Landlord; Noncompliance With Rental Agreement By Tenant; Failure To Pay Rent
A. The landlord shall specify the reason or reasons for the termination or nonrenewal of any tenancy in the mobile home park. The reason...
- § 33-1476.01 Change In Use; Notices; Compensation For Moving Expenses; Payments By The Landlord
A. The landlord shall notify the director and all tenants in writing of a change in use at least one hundred eighty days before...
- § 33-1476.02 Mobile Home Relocation Fund; Investment Of Monies
A. The mobile home relocation fund is established consisting of monies collected pursuant to section 33-1476.03 and any surcharge collected pursuant to section 33-1437....
- § 33-1476.03 Assessments For Mobile Home Relocation Fund; Waiver
A. In order to provide monies for the mobile home relocation fund, each owner of a mobile home located in a mobile home park...
- § 33-1476.04 Relocations Due To Rent Increase; Mobile Home Relocation Fund; Applicability
A. A tenant is eligible for payment from the mobile home relocation fund if all of the following conditions are met: 1. The tenant...
- § 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...
- § 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...
- § 33-1478 Remedies For Abandonment; Required Registration
A. If the tenant abandons the mobile home unit on a mobile home space, it is incumbent upon the landlord to locate the legal...
- § 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...
- § 33-1481 Remedy After Termination
A. If the rental agreement is terminated, the landlord may have a claim for possession of the mobile home space and for rent and...
- § 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...
- § 33-1483 Periodic Tenancy; Holdover Remedies
A. The landlord may terminate a tenancy only as provided in this chapter. B. If the tenant remains in possession without the landlord's consent...
- § 33-1484 Landlord And Tenant Remedies For Abuse Of Access
A. If the tenant refuses to allow lawful access, the landlord may terminate the rental agreement and may recover actual damages. B. If the...
- § 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...
- § 33-1485.01 Removal Of Mobile Home From Mobile Home Park; Violation; Joint And Several Liability
A. A tenant or a tenant's successor in interest shall provide the landlord with a written notification of intent to remove a mobile home...
Article 5 Retaliatory Action
Article 6 Affidavit of Affixture
Chapter 12 LIABILITIES AND DUTIES ON PROPERTY USED FOR EDUCATION AND RECREATION
Article 1 General Provisions
Chapter 13 DUE ON SALE CLAUSES
Article 1 General Provisions
Chapter 15 SELF-SERVICE STORAGE
Article 1 General Provisions
Chapter 16 PLANNED COMMUNITIES
Article 1 General Provisions
- § 33-1801 Applicability; Exemption
A. This chapter applies to all planned communities. B. Notwithstanding any provisions in the community documents, this chapter does not apply to any school...
- § 33-1802 Definitions
In this chapter and in the community documents, unless the context otherwise requires: 1. " Association" means a nonprofit corporation or unincorporated association of...
- § 33-1803 Penalties; Notice To Member Of Violation
A. Unless limitations in the community documents would result in a lower limit for the assessment, the association shall not impose a regular assessment...
- § 33-1804 Open Meetings; Exceptions
A. Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members' association and the board of...
- § 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...
- § 33-1806 Resale Of Units; Information Required; Fees; Civil Penalty; Definition
A. For planned communities with fewer than fifty units, a member shall mail or deliver to a purchaser or a purchaser's authorized agent within...
- § 33-1806.01 Rental Property; Member And Agent Information; Fee; Disclosure
A. A member may use the member's property as a rental property unless prohibited in the declaration and shall use it in accordance with...
- § 33-1807 Lien For Assessments; Priority; Mechanics' And Materialmen's Liens
A. The association has a lien on a unit for any assessment levied against that unit from the time the assessment becomes due. The...
- § 33-1808 Flag Display; Political Signs; Caution Signs; For Sale, Rent Or Lease Signs; Political Activities
A. Notwithstanding any provision in the community documents, an association shall not prohibit the outdoor front yard or backyard display of any of the...
- § 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...
- § 33-1810 Board Of Directors; Annual Audit
Unless any provision in the planned community documents requires an annual audit by a certified public accountant, the board of directors shall provide for...
- § 33-1811 Board Of Directors; Contracts; Conflict
If any contract, decision or other action for compensation taken by or on behalf of the board of directors would benefit any member of...
- § 33-1812 Proxies; Absentee Ballots; Definition
A. Notwithstanding any provision in the community documents, after termination of the period of declarant control, votes allocated to a unit may not be...
- § 33-1813 Removal Of Board Member; Special Meeting
A. Notwithstanding any provision of the declaration or bylaws to the contrary: 1. The members of the association who are eligible to vote at...
- § 33-1814 Slum Property; Professional Management
For any residential rental units that have been declared a slum property by the city or town pursuant to section 33-1905 and that are...
- § 33-1815 Association Authority; Commercial Signage
Notwithstanding any provision in the community documents, after an association has approved a commercial sign, including its registered trademark that is located on properties...
- § 33-1816 Solar Energy Devices; Reasonable Restrictions; Fees And Costs
A. Notwithstanding any provision in the community documents, an association shall not prohibit the installation or use of a solar energy device as defined...
- § 33-1817 Declaration Amendment; Design, Architectural Committees; Review
Notwithstanding any provision in the community documents: 1. Membership on a design review committee, an architectural committee or a committee that performs similar functions,...
- § 33-1818 Community Authority Over Public Roadways; Applicability
A. Notwithstanding any provision in the community documents, after the period of declarant control, an association has no authority over and shall not regulate...
Chapter 17 RESIDENTIAL RENTAL PROPERTY
Article 1 General Provisions
Chapter 18 HOMEOWNERS' ASSOCIATION DWELLING ACTIONS
Article 1 General Provisions
- § 33-2001 Definitions
In this chapter, unless the context otherwise requires: 1. " Community documents" means condominium documents as defined in section 33-1202 or community documents as...
- § 33-2002 Homeowners' Association Dwelling Actions; Conditions
A. Notwithstanding any provision to the contrary in title 10, chapter 39 or chapter 9 or 16 of this title and in addition to...
- § 33-2003 Applicability
A. This chapter applies only to homeowners' association dwelling actions. This chapter does not apply to: 1. Actions filed by individual members of a...
Chapter 19 RECREATIONAL VEHICLE LONG-TERM RENTAL SPACE ACT
Article 1 General Provisions
- § 33-2101 Application; Duration Of Stay; Exclusions
A. This chapter applies to, regulates and determines rights, obligations and remedies for a recreational vehicle space rented in a recreational vehicle park or...
- § 33-2102 Definitions
In this chapter, unless the context otherwise requires: 1. " Action" includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which...
- § 33-2103 Obligation Of Good Faith
Every duty under this chapter and every act that must be performed as a condition precedent to the exercise of a right or remedy...
- § 33-2104 Unconscionability
A. If a court, as a matter of law, finds that: 1. A rental agreement or any provision of a rental agreement was unconscionable...
- § 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...
- § 33-2106 Prohibited Provisions In Rental Agreements
A rental agreement shall not provide that the tenant agrees to waive or forgo rights or remedies provided by law.
- § 33-2107 Utility Fees; Service Interruption; Waste, Garbage And Rubbish Removal Fees; Refunds; Enforcement
A. A landlord may charge separately for gas, water or electricity by doing either of the following: 1. Installing a submetering system. 2. Allocating...
Article 2 Landlord Obligations
- § 33-2121 Security Deposits
A. On termination of the tenancy, any security deposit may be applied to the payment of accrued rent, including utilities, and the amount of...
- § 33-2122 Disclosure
A. The landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing...
- § 33-2123 Landlord To Maintain Fit Premises
The landlord shall: 1. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition....
Article 3 Tenant Obligations
- § 33-2131 Tenant To Maintain Recreational Vehicle Space
A tenant of a recreational vehicle space shall exercise diligence to maintain that part of the premises that the tenant has rented in as...
- § 33-2132 Rules
A. A landlord shall adopt written rules, however described, concerning the tenant's use and occupancy of the premises. Rules are enforceable against the tenant...
- § 33-2133 Access
Unless provided in a written agreement, the landlord has no right of access to a tenant's recreational vehicle without the tenant's permission.
Article 4 Remedies
Chapter 20 TIMESHARE OWNERS' ASSOCIATION AND MANAGEMENT ACT
Article 1 General Provisions
- § 33-2201 Application
This chapter applies to all timeshare plans, timeshare property and associations in this state that are established on or after the effective date of...
- § 33-2202 Definitions
In this chapter, unless the context otherwise requires: 1. " Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room...
- § 33-2203 Management Of Timeshare Plan And Timeshare Property
A. For each timeshare plan and timeshare property in this state, the developer shall provide in the timeshare instrument for a managing entity. The...
- § 33-2204 Powers Of Board; Limitations; Period Of Developer Control; Election Of Directors And Officers; Removal Of Directors
A. Except as provided in the timeshare instrument, subsection B or other provisions of this chapter, the board may act in all instances on...
- § 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...
- § 33-2206 Duties Of The Managing Entity
A. The duties of the applicable managing entity for a timeshare plan or timeshare property may include, but are not limited to: 1. Management...
- § 33-2207 Foreclosure Of Assessment Liens
A. If an association, developer or other managing entity files an action to foreclose the assessment lien on timeshare interests, the association, developer or...
- § 33-2208 Association Open Meetings; Exceptions; Notices
A. Notwithstanding any provision in the timeshare instrument to the contrary and except as provided in this section, after the period of developer control...
- § 33-2209 Financial And Other Records
A. Except as provided in this section and section 33-2210, any owner or any person designated by the owner in writing as the owner's...
- § 33-2210 List Of Owners
A. The association or other managing entity shall maintain among its records a complete list of the names and addresses of all owners of...
- § 33-2211 Trustee's Sale Of Timeshare Estates; Notice; Cure; Notice To Prevent Sale; Definitions
A. The association or other managing entity may cause a trustee's sale of the timeshare estate, of an owner who is delinquent in the...
Chapter 21 COMMERCIAL BUILDINGS TELECOMMUNICATIONS SERVICES
Article 1 General Provisions
Chapter 22 ACCESS TO PRIVATE PROPERTY
Article 1 General Provisions
- § 33-2401 Access To Private Property
Notwithstanding any other law, reasonable access to private property shall not be denied by this state or any political subdivision of this state.
Last modified: October 13, 2016