Bill > HB2137

This bill establishes a new process for property owners to remove individuals unlawfully occupying residential properties, particularly when there isn't a pre-existing landlord-tenant relationship. A property owner or their agent can submit a sworn affidavit to local law enforcement detailing the unlawful occupancy, including that no rent has been paid recently, there's no lease, and the occupant was given at least 48 hours' written notice to leave. If the occupant doesn't leave within 48 hours of receiving a notice from law enforcement, the police can remove them and allow the owner to secure the property. However, law enforcement cannot remove someone if they present credible evidence of a lawful tenancy, such as a lease, utility bills, rent receipts, or communications indicating a landlord-tenant relationship. Individuals wrongfully removed can petition a court for immediate reinstatement and damages, and those wrongfully removed can sue for triple damages. Knowingly submitting a false affidavit is a class 1 misdemeanor, and law enforcement acting in good faith are immune from civil liability. The bill also clarifies that this process does not prevent enforcement of criminal trespass laws or diminish the rights of lawful tenants. The changes are set to take effect on December 31, 2026.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/83783