This bill proposes several updates to the current statutes regarding forcible entry and detainer actions. Specifically, it introduces new conditions under which a forcible detainer exists, particularly when an unauthorized person unlawfully occupies a property and refuses to leave after a reasonable request from the property owner or their authorized agent. The bill outlines specific criteria that must be met for this condition to apply, including that the property is residential, the unauthorized occupant is not a tenant or family member, and there is no pending litigation between the parties involved. Additionally, it removes the requirement that a demand for possession must be made in writing.

Furthermore, the bill mandates that courts issue a writ of restitution immediately after a judgment is signed against an unauthorized person in a forcible detainer action. It also requires the Arizona Supreme Court to adopt rules for the expeditious resolution of such claims. Importantly, the bill clarifies that these modifications do not alter the rights and remedies available to landlords and tenants under the Arizona Residential Landlord Tenant Act. Overall, these changes aim to streamline the process for property owners seeking to reclaim possession of their property from unlawful occupants.

Statutes affected:
Introduced Version: 12-1171, 12-1173
Senate Engrossed Version: 12-1171, 12-1173
House Engrossed Version: 12-1171, 12-1173
Chaptered Version: 12-1171, 12-1173