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 focusing on situations involving unauthorized occupants of residential properties. The bill stipulates that a forcible detainer can be established if an unauthorized person refuses to leave after a reasonable request, provided certain criteria are met, such as the requester being the property owner or authorized agent, and the property not being open to the public at the time of entry. Additionally, it removes the requirement for a written demand for possession, allowing for more flexibility in the process.

Furthermore, the bill mandates that courts issue a writ of restitution immediately after a judgment against an unauthorized person, expediting the resolution of such cases. It also requires the Arizona Supreme Court to adopt rules to facilitate the swift handling of forcible detainer claims. The proposed changes aim to streamline the legal process for property owners seeking to reclaim possession of their property while ensuring that the rights of tenants and unauthorized occupants are considered.

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