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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.