unlawful property occupancy; removal; trespass

HB2137 - 572R - I Ver

PREFILED��� JAN 06 2026

REFERENCE TITLE:
unlawful property occupancy; removal; trespass

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2137

Introduced by

Representatives
Way: Lopez

AN
ACT

amending
title 12,
chapter 8, article 4, Arizona Revised Statutes, by adding section 12-1184;
amending section 13-1504, Arizona Revised Statutes; amending title 33, chapter
10, article 1, Arizona Revised Statutes, by adding section 33-1304.01; relating
to residential structures.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 12, chapter 8, article 4,
Arizona Revised Statutes, is amended by adding section 12-1184, to read:

START_STATUTE
12-1184.

Alternate removal procedure; unlawful occupancy; affidavit;
hearing; violation; classification; definition

A. For any claim of unlawful
occupancy of a RESIDENTIAL property that is not based on a previously lawful
tenancy or that does not constitute a forcible entry or forcible detainer, A
property owner or the owner's authorized agent may submit to the local law
enforcement agency a sworn affidavit that asserts the unlawful residential
occupancy of a property.� The affidavit must state all of the following under
penalty of perjury:

1. The affiant is the lawful owner of
the premises or the authorized agent of the lawful owner.

2. The person who occupies the
premises is not a lawful tenant or owner.

3. The affiant has not received rent
payments in any form, including payments made in kind, from the occupant within
the thirty days immediately preceding the date of the affidavit.

4. There is no lease or rental
agreement, whether written or oral, or other evidence of the occupant's lawful
occupancy.

5. The affiant has provided the
occupant with written notice to vacate the premises at least forty-eight hours
before the date of the affidavit.

6. There is no ongoing civil
litigation between the parties regarding possession of the premises, whether a
forcible entry and detainer action or other similar eviction action.

7. The affiant understands that
submitting a false affidavit may result in criminal and civil penalties against
the affiant.

B. On receipt of the affidavit and
reasonable proof of ownership as specified in the affidavit along with PROOF of
the AUTHORIZED agency of the affiant if the affiant is not the lawful owner of
the premises, the local law enforcement agency shall:

1. Serve a notice of unlawful
occupancy to the occupant that requires the occupant to vacate the premises within
forty-eight hours after receipt of the notice of unlawful occupancy.

2. If the occupant does not vacate
the premises within the forty-eight hours pursuant to PARAGRAPH 1 of this
subsection, remove the occupant and the occupant's property.

3. Allow the owner or the owner's
authorized agent to secure the premises, including by changing the locks.

C. The local law enforcement agency
may not remove the occupant if any occupant of the premises presents credible
evidence of the occupant's lawful tenancy.� The credible evidence may include
any of the following:

1. a lease that appears valid on its
face, including evidence of a verbal agreement.

2. One or more utility bills for the
premises that are in the name of the occupant.

3. Receipts for rental payments or
electronic transfers within the thirty days immediately preceding the date of
the affidavit.

4. Emails, texts or other evidence of
electronic communications that indicate a landlord tenant relationship.

D. Any person who is removed from a
premises pursuant to this section may petition for an expedited hearing from
the appropriate superior court or the justice court with jurisdiction over the
premises.� If the court finds the occupant is a lawful tenant or otherwise had
the right to possess the premises, the court shall:

1. Order the immediate reinstatement
of possession by the occupant.

2. Award to the occupant the
occupant's actual damages, court costs and reasonable attorney fees.

E. Any person who is wrongfully
removed from a premises pursuant to this section may file an action to recover
treble damages, attorney fees and costs and injunctive relief.

F. A person who knowingly submits a
materially false AFFIDAVIT to a local law enforcement agency pursuant to this
section is guilty of a class 1 misdemeanor.

G. A local Law enforcement agency and
its officers and employees are immune from civil liability for any good faith
actions taken under this section.

H. For the purposes of this section,
"local law enforcement agency" means the county sheriff for any
property that is not located in a city or town or the city or town police
department for any property that is located in a city or town.
END_STATUTE

Sec. 2. Section 13-1504, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-1504.

Criminal trespass in the first degree; classification

A. A person commits criminal trespass in the first
degree by knowingly:

1. Entering or remaining unlawfully in or on a
residential structure
, including by either of the following:
.

(
a
) Occupying a
residential structure WITHOUT a legal right, a lawful tenancy or an ownership
INTEREST in the residential structure, including through forged, expired or
fictitious documentation.

(
b
) Continuing
to remain at the residential structure after receiving notice from the owner,
the owner's authorized agent or a law enforcement officer that the person is
unlawfully present, has no rights as a tenant and must vacate the residential
structure.

2. Entering or remaining unlawfully in a fenced
residential yard.

3. Entering any residential yard and, without lawful
authority, looking into the residential structure thereon in reckless disregard
of infringing on the inhabitant's right of privacy.

4. Entering unlawfully on real property that is
subject to a valid mineral claim or lease with the intent to hold, work, take
or explore for minerals on the claim or lease.

5. Entering or remaining unlawfully on the property
of another and burning, defacing, mutilating or otherwise desecrating a
religious symbol or other religious property of another without the express
permission of the owner of the property.

6. Entering or remaining unlawfully in or on a
critical public service facility.

B. Criminal trespass in the first degree under
subsection A, paragraph 6 of this section is a class 5 felony.� Criminal
trespass in the first degree under subsection A, paragraph 1 or 5 of this
section is a class 6 felony.� Criminal trespass in the first degree under
subsection A, paragraph 2, 3 or 4 of this section is a class 1 misdemeanor.
END_STATUTE

Sec. 3. Title 33, chapter 10, article 1,
Arizona Revised Statutes, is amended by adding section 33-1304.01, to read:

START_STATUTE
33-1304.01.

Law enforcement action; no tenancy; lawful tenant rights

This chapter Does not:

1. preclude a law enforcement officer
from enforcing laws relating to criminal trespass or other applicable CRIMINAL
laws.

2. prohibit a law enforcement officer
from removing a person from a property pursuant to section 12-1184 if there is
probable cause to believe that the PERSON is unlawfully occupying the property
and there was no landlord tenant relationship between the owner and the
occupant.�

3. diminish the rights of a lawful
tenant under a valid lease or other rental agreement and under any state or
federal housing law.
END_STATUTE

Sec. 4.
Effective date

Section 12-1184, Arizona Revised
Statutes, as added by this act, section 13-1504, Arizona Revised Statutes, as
amended by this act, and section 33-1304.01, Arizona Revised Statutes, as added
by this act, are effective from and after December 31, 2026.

Sec. 5.
Severability

If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.