unlawful occupants; forcible entry; detainer

Plain English Breakdown

The official text specifies that the immediate writ of restitution applies specifically to actions brought under subsection A, paragraph 3(b) against an 'unauthorized person' as defined in the bill.

SB1426: New Rules for Removing Unauthorized Occupants

This law creates a new way to remove people illegally occupying residential homes by allowing owners to ask them to leave verbally and requiring courts to issue removal orders immediately after judgment.

What This Bill Does

• Adds a rule that treats certain unauthorized occupants as guilty of forcible detainer if they refuse to leave after a reasonable request from the owner or their agent.
• Requires courts to issue an order for immediate removal (writ of restitution) right after signing a judgment against these specific unauthorized persons.
• Removes the requirement that property owners must make their demand for possession in writing under certain conditions involving unauthorized occupants.
• Directs the Arizona Supreme Court to create rules so these cases are resolved quickly.
• States clearly that these new changes do not change existing rights and remedies between landlords and tenants.

Who It Names or Affects

• Property owners or their authorized agents dealing with unauthorized occupants in residential homes.
• Unauthorized persons who occupy a home without permission, are not family members, have no agreement to live there, and entered when the property was not open to the public.
• Courts handling forcible entry and detainer cases.

Terms To Know

Forcible Detainer

A legal term for situations where someone illegally holds onto property or refuses to leave after being asked, allowing the owner to sue them in court.

Writ of Restitution

An official court order that allows law enforcement to remove a person from a property and return it to the owner.

Unauthorized Person

Someone who is occupying a home without permission, is not a current or former tenant, has no agreement with the owner, and entered when the property was closed to the public.

Limits and Unknowns

• The new rules for unauthorized occupants only apply if there is no pending lawsuit between the owner and the person living in the home.
• These changes do not affect cases where a verbal or written agreement existed for someone to live with the property owner.

Official Summary Text

SB1426 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1426

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.

Specifies that the outlined modifications to the conditions which
constitute a forcible detainer do not apply to or modify the rights and
remedies available to landlords and tenants as prescribed by the Arizona
Residential Landlord Tenant Act.

6.

Makes technical changes.

7.

Becomes effective on the general effective date.

Amendments Adopted by the
House of Representatives

�

Adds the specification that the outlined requirements relating to
the existence of a forcible detainer do not modify the rights and remedies
available to landlords and tenants as prescribed by the Arizona Residential
Landlord Tenant Act.

Senate Action
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House
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Prepared by Senate Research

April 28, 2026

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Current Bill Text

Chapter 0069 - 572R - H Ver of SB1426

House Engrossed
Senate Bill

unlawful occupants;
forcible entry; detainer

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 69

SENATE BILL 1426

AN
ACT

amending sections 12-1171 and 12-1173, Arizona
Revised Statutes; relating to forcible entry and detainer actions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 12-1171, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-1171.

Acts which constitute forcible entry or detainer

A person is guilty of forcible entry and detainer, or of
forcible detainer, as the case may be, if
he
the person
:

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.

3. Wilfully and without force holds over any lands,
tenements or other real property after termination of the time for which such
lands, tenements or other real property were let to him or to the person under
whom he claims, after demand made
in writing
for the
possession
thereof

of the lands, tenements
or other real property
by the person entitled to such possession.
END_STATUTE

Sec. 2. Section 12-1173, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-1173.

Definition of forcible detainer; substitution of parties;
applicability

A.
There is a forcible
detainer if:

1. A tenant at will or by sufferance or a tenant
from month to month or a lesser period whose tenancy has been terminated
retains possession after his tenancy has been terminated or after he receives
written demand of possession by the landlord.

2. The tenant of a person who has made a forcible
entry refuses for five days after written demand to give possession to the
person
upon
on
whose possession the
forcible entry was made.

3. A person who has made a forcible entry
upon
on
the possession of one who acquired
such possession by forcible entry
:

(
a
)
Refuses
for five days after written demand to give possession to the person
upon
on
whose possession the first
forcible entry was made
; or
.

(
b
) Refuses
after a reasonable request to leave and to give possession to the person on
whose possession the first forcible entry was made if all of the following
apply:

(
i
) The
requesting person is the property owner or the property owner's authorized
agent.

(
ii
) The
property includes a residential dwelling or is being used for residential
purposes.

(
iii
) An
unauthorized person is unlawfully occupying the property.

(
iv
) The
property owner has directed the unauthorized person to leave.

(
v
) The
property was not open to the public at the time the unauthorized person entered
the property.

(
vi
) The
unauthorized person is not a current or former tenant at that property.

(
vii
) The
unauthorized person did not have a prior verbal or written agreement to
cohabitate with the property owner in that residential dwelling.

(
viii
) The
unauthorized person is not an immediate family member of the property owner.

(
ix
) There is
no litigation pending between the property owner and the unauthorized person.

(
c
) this
section does not apply to or modify the rights and remedies available to
landlords and tenants pursuant to title 33, chapter 10.

4. A person who has made a forcible entry
upon
on
the possession of a tenant for a
term refuses to deliver possession to the landlord for five days after written
demand, after the term expires. If the term expires while a writ of
forcible entry applied for by the tenant is pending, the landlord
may
, at his own cost and for his own benefit,
may

prosecute it in the name of the tenant.

B. The supreme court shall adopt
rules to allow for the EXPEDITIOUS resolution of claims consistent with this
section. For a forcible detainer action brought pursuant subsection A,
paragraph 3, SUBDIVISION (
b
) of this section against an
UNAUTHORIZED person, A writ of restitution shall be issued immediately after
the court signs any JUDGMENT against the unauthorized person.
END_STATUTE

APPROVED BY THE GOVERNOR MAY 29, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 29, 2026.