Property owners: Get to know Arizona’s new anti-squatter law
Chandler attorney takes a look at Senate Bill 1426
OPINION — Imagine returning home from vacation to discover that the locks have been changed and an unauthorized occupant is living inside your property.
For Arizona property owners, removing that occupant has not necessarily been as immediate or straightforward as many people would expect. Even when the person appears to have no legitimate right to occupy the residence, the owner generally cannot simply change the locks, remove the person’s belongings or physically force the occupant to leave. Attempting to do so can create additional legal problems.
Arizona has now enacted a new law intended to provide property owners with a faster legal remedy in certain qualifying cases. Gov. Katie Hobbs signed Senate Bill 1426 in May. Commonly referred to as Arizona’s new anti-squatter law, the legislation creates an expedited process through which a homeowner or property manager may obtain a writ of restitution to remove certain unauthorized occupants from residential property.
Why was a new law necessary?
Under Arizona’s existing eviction procedures, removing an occupant can require multiple steps, including notice, filing a court action, obtaining a judgment and waiting for the issuance and execution of a writ of restitution.
Although the timing depends on the circumstances, the ordinary process can take approximately 19 days. For a homeowner dealing with an unauthorized stranger inside a residence, even a relatively short delay can feel significant.
During that time, the owner may be unable to access the home and may face concerns about property damage, missing belongings, utilities, insurance coverage and potential confrontations with the occupant.
Senate Bill 1426 is designed to substantially reduce that delay in cases involving true squatters.
What does the new law change?
The legislation expands Arizona’s forcible-detainer laws to create a streamlined procedure for the removal of certain unauthorized residential occupants.
In qualifying cases, a property owner or authorized property manager may demand that the occupant leave. If the occupant refuses, the owner may pursue an expedited court proceeding. Once the owner obtains a judgment, the law provides for the immediate issuance of a writ of restitution rather than the longer waiting period ordinarily associated with many eviction cases.
The Arizona Supreme Court is also directed to develop expedited procedures for these actions. The practical goal is straightforward: Allow owners to regain possession of residential property more quickly when the occupant has no legitimate legal basis for being there.
Law does not apply to every dispute
Despite the “anti-squatter” label, the new law is not a blanket authorization to remove anyone whose right to occupy a property is disputed.
The expedited process contains important requirements and exclusions. Among other things, it is directed toward unauthorized occupants who are not current or former tenants, immediate family members or people who previously had a verbal or written agreement allowing them to live at the property.
The residential property must not be open to the public, and the owner must request that the occupant leave. The statute also addresses situations involving prior cohabitation arrangements and pending litigation between the parties.
These safeguards matter because not every difficult occupancy situation involves a squatter. A dispute involving a tenant, former tenant, family member, former romantic partner, guest or person claiming an agreement to occupy the property may require a different legal procedure.
Calling someone a “squatter” does not by itself determine which law applies.
Property owners should avoid self-help
The new law does not mean that an owner should personally remove an occupant, shut off utilities, discard belongings or create a confrontation at the property.
A writ of restitution is a court-issued remedy. Property owners still need to follow the applicable legal process and establish that the case qualifies for expedited treatment.
Taking matters into one’s own hands can expose an owner to claims involving wrongful eviction, property damage, personal injury or other civil liability. When safety is a concern, property owners should avoid direct confrontations and contact law enforcement or legal counsel as appropriate.
When does the law take effect?
Although SB 1426 has been signed, it has not yet taken effect. Its effective date depends on the legislative calendar and Arizona’s general effective-date rules.
That distinction is particularly important for property owners currently facing an unauthorized-occupancy problem. Until the new law becomes effective, the existing procedures remain controlling.
Even after the law takes effect, owners should confirm that the statutory requirements are satisfied before relying on the expedited process.
Meaningful tool but no universal solution
Arizona’s new anti-squatter law represents a significant development for homeowners, property managers and residential investors. It recognizes that owners should not be forced through an unnecessarily prolonged process when a stranger occupies a home without permission or any legitimate claim of possession.
At the same time, the law preserves distinctions between squatters and people whose occupancy may arise from a lease, family relationship, prior agreement or another legitimate dispute.
For Arizona property owners, the central lesson is simple: Act promptly, document the circumstances and obtain guidance before attempting to remove an occupant. When the new law becomes effective, it may provide a substantially faster remedy, but only when the facts satisfy its specific requirements.
Benjamin L. Gottlieb is the founding partner of a Chandler-based law firm and is an Arizona Department of Real Estate-approved instructor who teaches continuing-education courses to Realtors. Please submit comments at yourvalley.net/letters or email them to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.
Keywords
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