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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
unlawful occupants; forcible entry; detainer
Purpose
Modifies the qualifying conditions which constitute a forcible detainer for the unlawful possession of outlined property.
Background
A person is guilty of forcible entry and detainer or forcible detainer if
the person: 1) makes an entry into any lands, tenements or other real property
and the entry is not provided by law;
2) makes an outlined entry by force; or 3) willfully and without force holds
over any lands, tenements or other real property after the termination of the
period for which such property was let to the person, or to a person under whom
that person claims, and after a demand for possession is made in writing by the
person entitled to possession (A.R.S.
§ 12-1171).
A forcible detainer exists if: 1) a specified tenant retains possession after the tenancy is terminated or after the tenant receives a written demand for possession from the landlord; 2) the tenant of a person who made a forcible entry refuses to return possession to the person against whom the forcible entry was made for five days after a written demand for notice is made; 3) a person who made a forcible entry on the possession of another person who also acquired possession by forcible entry refuses to return possession to the person against whom the first forcible entry was made for five days after a written demand for possession is made; or 4) a person who made a forcible entry on the possession of a tenant refuses to deliver possession to the landlord for five days after a written demand is made and the tenant's term expires (A.R.S. § 12-1173).
If a defendant is found guilty of forcible entry and detainer, or forcible detainer, the court must give judgement for the plaintiff and issue a writ of restitution for restitution of the premises, all charges stated in the rental agreement and for damages, attorney fees, court and other costs and, if the plaintiff chooses, all rent found to be due and unpaid through the rental period provided for in the rental agreement. A writ of restitution may not be entered until five calendar days after the judgement is issued and the writ of restitution must be enforced as promptly and expeditiously as possible (A.R.S. § 12-1178).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds that a forcible detainer exists for cases in which a person has made a forcible entry on the possession of another person who also acquired the possession by forcible entry when the person refuses, after a reasonable request is made, to leave and return possession to the original possessor against whom the first forcible entry was made and if:
a) the requesting person is the property owner or the owner's 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 and the property owner has directed the unauthorized person to leave;
d) the property was not open to the public when the unauthorized person entered the property and the unauthorized person is not a current or former tenant at that property;
e) the unauthorized person did not have a prior verbal or written agreement to cohabitate with the property owner in the respective residential dwelling;
f) the unauthorized person is not an immediate family member of the property owner; and
g) there is no litigation pending between the property owner and the unauthorized person.
2. Requires the court to issue a writ of restitution immediately after the court signs any judgement against an outlined unauthorized person.
3. Requires the Arizona Supreme Court to adopt rules for the expeditious resolution of forcible detainer claims.
4. Removes the specification that a demand for possession of lands, tenements or other real property must be made in writing.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 6, 2026
ZD/KS/ci