(The Center Square) – Gov. Katie Hobbs signed a bill into law that makes it easier to remove squatters from Arizonans’ property.
Senate Bill 1426 speeds up the process of expelling unauthorized tenants, also known as squatters.
SB 1426 says a person can be found guilty of forcible detainer for refusing to leave a property after being requested by the property owner or the owner’s agent.
The bill does not apply to current or former tenants or people who had a prior verbal or written agreement to “cohabitate with the property owner in that residential dwelling.”
Furthermore, SB 1426 does not apply to property owners’ immediate family members or people involved in pending litigation with property owners.
The bill does not adjust current landlord-tenant “rights and remedies” provided under Arizona law.
SB 1426 requires the Arizona Supreme Court to create rules to allow for quick resolution of squatting cases. If a court rules against an unauthorized tenant, it must issue a writ of restitution “immediately” right after judgment.
State Sen. Wendy Rogers, R-Flagstaff, the sponsor of SB 1426, and supporters of the bill held a press conference on Monday to celebrate the bill’s passage into law.
She said the SB 1426 closes loopholes, reduces regulation and provides Arizona property owners “the tools they need to protect” their property.
SB 1426 is a “major victory for Arizona homeowners, property rights [and] public safety,” Rogers noted.
The bill will allow Arizona property owners to get squatters out within days rather than weeks, she explained.
The senator said she did not have statistical data on the number of squatters in Arizona, but noted that it is “still a problem.”
With the governor signing the bill into law, Rogers said Arizona is “sending a clear message: Unlawful occupation of someone else’s property will not be tolerated.”
She added that this bill puts Arizona property owners “back in control of their property.”
D’Andrea Turner, who was a victim of a squatting crime in Arizona, said for people to be able to come into her house while she was away from it while taking care of an “elderly person was very heart-wrenching.”
She called the squatting incident a “horrendous experience” for her family. Turner noted the destruction done inside her home by the squatters was not covered by her insurance.
She said she ran into issues getting her property reinstated.
Turner, a real estate agent, thanked Rogers for helping to pass SB 1426.
“I want to be an advocate of protection. If we can protect each other, then this [doesn’t] have to happen because all of us work too hard,” she said.
Scott Blake, president of the Arizona Constables Association, thanked the governor and legislators for passing SB 1426.
The bill’s sped-up eviction process is a “huge help to those who have come and found unlawful occupants in their house,” he noted.
Blake said private property rights “are one of the cornerstones of a free society.”
“The ability to own, enjoy, sell or pass property to future generations is deeply rooted in both the United States Constitution and Arizona law,” he said.
Tim Beaubien, the senior director of government affairs for the Arizona Association of Realtors, said SB 1426’s bipartisan support “shows what an impact this is going to be for Arizona.”
He added that the Realtors association is glad to see the bill become law.
”We have, unfortunately, seen what happens when other states do not prioritize private property rights,” Beaubien said. “The Arizona Realtors and the group standing behind you here today are going to continue to be a voice to ensure that does not happen in the great state of Arizona.”
