A bill aimed at giving Arizona homeowners faster tools to remove unauthorized occupants from their property has cleared the state legislature and now awaits the governor's action.
Senate Bill 1426, sponsored by Senator Wendy Rogers (R-AZ), passed the legislature last Tuesday and represents, she says, years of effort to address gaps in state property law.
The legislation targets situations where individuals occupy a home or property without the owner's permission and refuse to leave, a scenario commonly referred to as “squatting”.
Under the measure, Arizona law would establish a clearer legal definition of an unauthorized occupant, generally someone who is not a tenant, an immediate family member, or otherwise in a formal agreement with the property owner.
Additionally, courts would be empowered to issue writs of restitution immediately following a judgment in qualifying cases, potentially cutting weeks or months off the time it currently takes homeowners to reclaim their property.
The Arizona Supreme Court would also be directed to create expedited procedures specifically for these disputes.
Bill's Support
The bill has support that argues the current system leaves property owners to navigate a slow and costly legal process, even in clear-cut cases of unlawful occupation. Sen. Rogers has cited law enforcement backing as evidence of the need for reform.
"Private property rights are not a suggestion; they are a cornerstone of our freedoms," Rogers said in a statement. "Arizonans shouldn't have to spend months fighting to reclaim property they already own."
The bill also includes language preserving all existing protections under Arizona's Residential Landlord and Tenant Act, which governs disputes between legitimate landlords and renters, a provision likely intended to address concerns that the measure could affect tenants with valid leases.
Whether Governor Katie Hobbs (D-AZ) will sign the Republican-backed legislation remains to be seen, and as of now, her office has not publicly commented on the bill.
If signed, Arizona would join a growing number of states that have, in recent years, moved to strengthen property owners' rights in unlawful-occupancy cases.
