A law aimed at accelerating the removal of unauthorized occupants from residential property was signed this week, creating a faster route for homeowners seeking to regain control of their houses. Senate Bill 1426, which moved through the Legislature with bipartisan backing, was signed by Democratic Gov. Katie Hobbs on Friday. The measure was presented by Republican state Sen. Wendy Rogers as a response to cases in which homeowners have returned to find someone living in, and in some instances damaging, their property.
“We go on vacation, you come home, and someone has occupied your home,” Rogers said, describing the kind of scenario the bill targets. “Not only occupied your home but very possibly wrecked your home.” The statute centers on the forcible detainer process — the legal mechanism by which property owners recover possession — and establishes a set of conditions under which that process may be initiated on an expedited basis.
Under the new law, a forcible detainer may be issued when a set of specified criteria are met. Among the conditions spelled out in the legislation are that the person occupying the residence does not have an existing written lease; is not an immediate family member of the property owner; does not have an oral agreement to remain at the property; and there is not already a pending lawsuit between the parties. Those four requirements are among nine conditions outlined in the bill that must be satisfied for the expedited removal pathway to be available.
The measure also instructs the Arizona Supreme Court to prioritize these cases and to ensure the formal mechanics of returning property to its lawful owner occur promptly after a judgment is entered against an unauthorized occupant. Lawmakers framed that judicial direction as central to shortening the time it takes to resolve disputes over possession — the period that, they said, has left some homeowners unable to access or live in their own homes for extended stretches.
Lawmakers and law-enforcement officials hold a press conference on the Arizona Capitol lawn to announce the new squatter-removal law; a poster beside the podium highlights recent squatter takeover cases.
The bill’s passage followed public accounts from Arizonans who described protracted, difficult battles to reclaim property. Real estate agent D’Andrea Turner spoke at a news event prior to the bill becoming law, recounting what she described as a “horrendous” legal fight to recover her home. “They ransacked (my home) and went through my whole life,” Turner said, adding that people had lived in the house and then sold it away from her “within a couple weeks.” She said the experience prevented her from returning to her home for two years and led to a period of homelessness.
Law enforcement officials at the news conference said the reforms could materially change how quickly an unauthorized occupant is removed. Apache Junction Police Chief Michael Pooley observed that, under the revised process, a squatter could be removed in days rather than weeks. Sen. Rogers took pains to note that the changes were not intended to alter protections for tenants who have lawful permission to occupy property, saying the statute targets situations in which individuals lack lease agreements, family ties that would permit residency, or other lawful arrangements.
The legislation will take effect 90 days after the Legislature adjourns for the year, as provided in the bill’s language. Supporters emphasized the measure’s alignment with property rights, with Rogers saying the changes reflect Arizona’s stance as “a state of property owners” and asserting that “property rights are paramount.” The bipartisan vote that carried the bill through the Legislature and the governor’s subsequent signature complete the legislative steps to implement the expedited forcible detainer pathway and the directives to the state Supreme Court to accelerate handling of these cases.