ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: JUDE DP 7-0-0-0| Third Read 27-0-3-0-0

House: JUD DP 7-0-1-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1426: unlawful occupants; forcible entry; detainer

Sponsor: Senator Rogers, LD 7

Caucus & COW

Overview

Amends the elements required for a person to be guilty of forcible detainer or forcible entry and detainer as well as the acts that constitute forcible detainer and directs the Supreme Court to adopt rules to expedite the resolution of forcible detainer claims.

History

A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he: 1) makes an entry into any lands, tenements or other real property, except in cases where entry is given by law; 2) makes such an entry by force; and 3) willfully and without force holds over any lands, tenements or other real property after the termination of any rental or other agreement and after a written demand to vacate has been provided by the property owner (A.R.S. § 12-1171).

Statute also defines acts that constitute forcible detainer to include if:

  1)   a tenant whose tenancy has been terminated retains possession after termination or after receiving the landlord’s written demand to vacate;

  2)   the tenant of a person who has made a forcible entry refuses for five days after a written demand to vacate has been provided by the property owner; or

  3)   a person who has made a forcible entry upon the possession of one who acquired such possession by forcible entry refuses for five days after a written demand to vacate has been provided by the property owner (A.R.S. § 12-1173).

Provisions

1.   Removes the requirement that the property owner’s demand to vacate be in writing for a person to be guilty of forcible entry and detainer or forcible detainer. (Sec. 1)

2.   Expands the conditions which constitute forcible detainer to include a person who has made forcible entry on the possession of one who acquired such possession by forcible entry if the person refuses a reasonable request to leave, and all the following apply:

a.   the requesting person is the property owner or his authorized agent;

b.   the property includes a residential dwelling or is being used for residential purposes;

c. an unauthorized person is unlawfully occupying the property;

d.   the property owner has directed the unauthorized person to leave;

e. the property was not open to the public at the time the unauthorized person entered the property;

f. the unauthorized person is not a current or former tenant at that property;

g.   the unauthorized person did not have a prior verbal or written agreement to cohabitate with the property owner in that residential dwelling;

h.   the unauthorized person is not an immediate family member of the property owner; and

i. there is no litigation pending between the property owner and the unauthorized person. (Sec. 2)

3.   Stipulates that the court is to issue a writ of restitution immediately after the court signs any judgment against the unauthorized person, if the aforementioned conditions are met. (Sec. 2)

4.   Directs the Supreme Court to adopt rules for the expeditious resolution of claims involving forcible detainers. (Sec. 2)

5.   Makes technical changes. (Sec. 1, 2)

 

 

 

 

 

---------- DOCUMENT FOOTER ---------

Initials NM/NP                      SB 1426

3/11/2026        Page 0 Caucus & COW

 

---------- DOCUMENT FOOTER ---------