New tougher Arizona squatter law passes with bipartisan support

A new law in Arizona allows authorities to move faster in the process of removing unauthorized people, otherwise known as “squatters,” from residential properties.

Senate Bill 1426 was signed into law Friday by Democratic Arizona Gov. Katie Hobbs after it passed through the legislature with bipartisan support.

“This is the situation where you go on vacation, you come home, and someone has occupied your home,” Republican bill sponsor and state Sen. Wendy Rogers explained. “Not only occupied your home but very possibly wrecked your home.”

Under the new law, a forcible detainer, which is the process in which homeowners get their property back, can be issued in cases where a person refuses to leave a home when:

• That person does not have an existing lease at the property.
• That person is not an immediate family member of the property owner.
• That person has no oral agreement to stay on the property.
• There is not already an existing lawsuit between the parties.

Those are among nine conditions that must be met for the expedited removal process to kick in.

It also directs the Arizona Supreme Court to speed up the handling of these cases and ensure the formal process of returning property to its owners is done as soon as a judgment is made against a squatter.

Why were these changes needed to Arizona squatter laws?

Arizona woman and real estate agent D’Andrea Turner spoke at a news conference ahead of the bill’s passage, describing the “horrendous” legal battle of getting her home back from squatters.

“They ransacked (my home) and went through my whole life,” said Turner. “They were living there and then they just sold it from under me. And this was all within a couple weeks.”

Turner said navigating the experience left her unable to go back to her own home for two years and resulted in her experiencing homelessness.

Sen. Rogers clarified that these changes in the law do not impact existing tenant protections in situations where a person is permitted to live or stay on a property.

At the news conference, Apache Junction Police Chief Michael Pooley noted that this could allow a squatter to be removed from a property in days rather than weeks.

Sen. Rogers said tightening laws in favor of property owners shows where Arizona stands.

“We are a state of property owners and property rights are paramount,” said Rogers.

These changes to Arizona law will go into effect 90 days after the legislature adjourns for the year.

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