Legal Update
RESIDENTIAL PROPERTY LANDLORD REGISTRATION
As part of the recent 'slumlord' law, the State Legislature has included a requirement that all residential real property owners keep certain information on file with the county assessor where the property is located.
The owner must furnish the assessor with the name, address and telephone number of the owner. For entity owners, the owner must furnish the name, address and telephone number of the statutory agent and the name, address and telephone number of a corporate officer for corporation, a general partner for partnerships, the managing or administrative member for limited liability companies, trustee for trusts, and a general partner or officer for real estate investment trusts.
Out of state individual owners, who would not otherwise have a designated statutory agent on file with the corporation commission, must also designate a statutory agent who lives in Arizona and who will accept service of process on behalf of the owner.
Residential rental property may not be occupied if the information required is not on file with the county assessor, although existing leases are grandfathered.
Failure to comply with these requirements will result in a civil penalty of $1,000, plus $100 per month until the requirements have been met. These penalties may not be suspended by the courts, although if an owner complies within ten days of receiving a complaint that notices the violation, the complaint will be dismissed by the court without imposing the penalty.
The information required by the statute is to be furnished in a manner to be determined by the county assessor.
Dyekman, Curtis,
Cohen & Karow, P.L.C.
6750 East Camelback Road
Suite 104
Scottsdale, Arizona 85251 (602) 481-0202 (602) 481-0555 (Fax)
This update is only a summary of the new legislation, and is not intended as legal advice for a specific set of circumstances. For further information contact Don Dyekman or Dan Curtis at the above address or phone.