Bill > SB1426

This bill amends existing Arizona law concerning forcible entry and detainer actions, which are legal processes used to remove individuals unlawfully occupying property. Specifically, it updates the language to be gender-neutral and clarifies that a person is guilty of forcible detainer if they willfully hold over property after their lease or tenancy has ended and a written demand for possession has been made by the rightful owner. A significant addition is the creation of a new provision under forcible detainer that addresses situations where an unauthorized person is unlawfully occupying a residential property. This new provision allows a property owner or their authorized agent to request that the unauthorized person leave, and if they refuse after a reasonable request, a forcible detainer action can be initiated, provided certain conditions are met, such as the occupant not being a current or former tenant, a family member, or involved in pending litigation with the owner. Furthermore, the bill mandates that the Arizona Supreme Court adopt rules for the swift resolution of these claims, and in cases of forcible detainer against an unauthorized occupant under the new provision, a writ of restitution (an order to return possession of the property) will be issued immediately after a judgment is entered against the unauthorized person.

Justice

https://apps.azleg.gov/BillStatus/BillOverview/84994