As lawmakers continue their efforts to strengthen private property rights, Arizona has now enacted another significant measure aimed at protecting homeowners from a different threat: unauthorized occupants, commonly known as squatters.

Governor Katie Hobbs recently signed Senate Bill 1426, which streamlines the process for removing individuals who unlawfully occupy residential property. The new law is expected to take effect later this year, approximately 90 days after the current legislative session concludes.

What Does the New Law Do?

Prior to SB 1426, property owners often had to navigate lengthy eviction procedures, even when dealing with individuals who never had a legal right to occupy the property. In some situations, removing unauthorized occupants could take weeks and require substantial legal expense.

The new law creates a faster process that allows property owners to regain possession of their homes from true squatters in as little as three days, rather than the traditional eviction timeline that can take nearly three weeks or longer.

Who Qualifies as a “Squatter” Under the New Law?

The law applies only to individuals who unlawfully occupy residential property without permission. Importantly, it does not apply to:

• Current or former tenants;
• Individuals who previously had a written or verbal agreement to occupy the property;
• Immediate family members of the property owner; or
• Situations involving legitimate ownership or occupancy disputes.

In other words, SB 1426 is intended to address true trespassers and unauthorized occupants—not landlord-tenant disputes or family disagreements.

Why This Matters

Unfortunately, stories of squatters occupying homes have become more common throughout the country. In one recent Arizona case, unauthorized occupants allegedly moved into a homeowner’s property and even attempted to sell it while the owners were away dealing with family and medical issues.

These situations can leave homeowners facing significant financial losses, property damage, insurance disputes, and prolonged legal battles.

Arizona lawmakers have stated that SB 1426 is intended to reduce unnecessary delays and provide homeowners with a more efficient legal remedy when their property is unlawfully occupied.

Protecting Your Property

While this new law provides additional protection, property owners should continue to take proactive measures, including:

• Regularly checking on vacant or seasonal properties.
• Promptly investigating signs of unauthorized occupancy.
• Maintaining current property records and ownership documents.
• Taking advantage of county fraud-alert programs discussed in our previous title theft alert.
• Consulting legal counsel immediately if unauthorized occupants are discovered.

We’re Here to Help

The recent passage of both Arizona’s title theft legislation and its anti-squatter legislation reflects a growing effort to protect private property rights and homeowners throughout the state.

If you own residential property, rental property, vacant land, or inherited real estate and have questions regarding your rights, property protection strategies, title issues, or unauthorized occupants, our office would be happy to assist you.

Thank you for allowing us to be your trusted legal resource.

Written by Attorney John Lohr, Jr., jll@hgplaw.com

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