writ of restitution; criminal trespass

HB2047 - 572R - H Ver

House Engrossed

writ of restitution;
criminal trespass

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2047

AN
ACT

AMENDING SECTION 12-1178, ARIZONA REVISED
STATUTES; RELATING TO FORCIBLE ENTRY AND DETAINER.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 12-1178, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-1178.

Judgment; writ of restitution; limitation on issuance; criminal
violation; notice

A. If the defendant is found guilty of forcible
entry and detainer or forcible detainer, the court shall give judgment for the
plaintiff for restitution of the premises, for all charges stated in the rental
agreement and for damages, attorney fees, court and other costs and, at the
plaintiff's option, all rent found to be due and unpaid through the periodic
rental period, as described in section 33-1314, subsection C, as provided
for in the rental agreement, and shall grant a writ of
restitution. The person designated by the judge to prepare the
judgment shall ensure that the defendant's social security number is not
contained on the judgment.

B. If the defendant is found not guilty of forcible
entry and detainer or forcible detainer, judgment shall be given for the
defendant against the plaintiff for damages, attorney fees and court and other
costs, and if it appears that the plaintiff has acquired possession of the
premises since commencement of the action, a writ of restitution shall issue in
favor of the defendant.

C.
No
A

writ of restitution shall
not
issue until the expiration
of five calendar days after the rendition of judgment. The writ of
restitution shall be enforced as promptly and expeditiously as
possible. The issuance or enforcement of a writ of restitution shall
not be suspended, delayed or otherwise affected by the filing of a motion to
set aside or vacate the judgment or similar motion unless a judge finds good
cause.

D. A defendant who is lawfully served with a writ of
restitution and who remains in or returns to the dwelling unit, as defined in
section 33-1310, or remains on or returns to the mobile home space, as
defined in section 33-1409, or the recreational vehicle space, as defined
in section 33-2102, without the express permission of the owner of the
property or the person with lawful control of the property commits criminal
trespass in the
third

first
degree
pursuant to section
13-1502
13-1504
.

E. If the defendant is found guilty of forcible
entry and detainer or forcible detainer, the court shall give the defendant
notice that a defendant who is lawfully served with a writ of restitution and
who remains in or returns to the dwelling unit or remains on or returns to the
mobile home space or the recreational vehicle space without the express
permission of the owner of the property or the person with lawful control of
the property commits criminal trespass in the
third
first
degree pursuant to section
13-1502
13-1504
.
END_STATUTE