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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
unlawful occupants; property; removal; documents
Purpose
Allows an owner of residential real property, or the owner's authorized agent, to request the appropriate law enforcement agency to immediately remove an unlawful occupant from the residential dwelling when prescribed conditions are met. Outlines procedures related to a request to remove an unlawful occupant and penalties for unlawful occupancy depending on the amount of damage caused to the residential dwelling.
Background
A person who is not named on a written lease or who is a guest of a tenant and remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises (A.R.S. § 33-1378).
A person commits criminal trespass in the third degree by knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner, any other person having lawful control over such property or a reasonable notice prohibiting entry. Criminal trespass in the third degree is classified as a class 3 misdemeanor and carries a maximum imprisonment sentence of 30 days and a maximum civil penalty of $500 (A.R.S. §§ 13-707; 13-802; and 13-1502).
Adverse possession occurs when there is an actual and visible appropriation of the land, commenced and continued under a claim of right that is inconsistent with and hostile to the claim of another. Peaceable possession occurs when a person has possession of any estate which is continuous, and not interrupted by an adverse action to recover the estate. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceable and adverse possession thereof, cultivating, using and enjoying such property, must commence an action within 10 years after the cause of action accrues, and not afterwards (A.R.S. §§ 12-521 and 12-526).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a property owner of residential real property or the owner's authorized agent to request that, the county sheriff or the city or town chief of police immediately remove a person who is unlawfully occupying the residential dwelling if:
a) the requesting person is the property owner or the owner's authorized agent;
b) the property includes a residential dwelling or is being used for residential purposes;
c) an unauthorized person is unlawfully occupying the property;
d) the property owner has directed the unauthorized person to leave;
e) the property was not open to the public at the time the unauthorized person entered the property;
f) the unauthorized person is not a current or former tenant at the property;
g) the unauthorized person did not have a prior verbal or written agreement to cohabitate with the property owner in the residential dwelling;
h) the unauthorized person is not an immediate family member of the property owner; and
i) there is no litigation pending between the property owner and the unauthorized person.
2. Requires the person who is entitled to possession of the residential real property to submit an affidavit of complaint to the applicable law enforcement agency in order to request the immediate removal of an unauthorized person.
3. Specifies that the affidavit of complaint must be the sworn statement of the property owner or the owner's agent related to the outlined requirements allowing the owner to request the immediate removal of an unauthorized person.
4. Requires the law enforcement agency, on receipt of the affidavit of complaint, to conduct a preliminary fact-finding which may include:
a) reviewing any alleged lease agreement;
b) interviewing the neighbors of the property in question; and
c) other relevant inquiries to determine the validity of the complaint.
5. Stipulates that if the law enforcement agency finds probable cause that the outlined conditions related to requests for the removal of unauthorized persons are met, the law enforcement agency must serve the unlawful occupant a notice to immediately vacate the property and put the owner into possession of the real property.
6. Authorizes the law enforcement agency to charge a fee for the services related to the removal of unauthorized persons.
7. Allows the property owner to:
a) request the law enforcement agency to stand by while the owner changes the property locks and removes the unlawful occupant's personal property; and
b) presume that the unlawful occupant has abandoned any personal belongings that remain at the residential dwelling after the unlawful occupant surrenders occupancy or is removed from the residential dwelling.
8. Allows a person who is wrongfully removed from a premises to:
a) file an action against the person who claims the right to possession of the real property;
b) be restored to possession of the real property; and
c) recover actual costs and damages incurred, statutory damages equal to three times the fair market rent of the residential dwelling, court costs and reasonable attorney fees.
9. Requires the court to advance an action filed by a person wrongfully removed from a premises on the court's calendar.
10. Stipulates that a person removed from a residential real property as outlined does not have a cause of action against a law enforcement officer or agency unless there is a showing of bad faith by the officer.
11. Specifies that the outlined requirements and procedures related to the removal of an unlawful occupant do not preclude or limit:
a) other property owner rights or law enforcement actions; or
b) a subsequent civil action for wrongful removal which may include remedies that restore possession and pay actual costs, damages and attorney fees.
12. Classifies, as a class 1 misdemeanor, the unlawful occupancy of a residential dwelling when the unlawful occupant intentionally causes damages of less than $1,000.
13. Classifies, as a class 6 felony, the unlawful occupancy of a residential dwelling when the unlawful occupant intentionally causes damages of $1,000 or more.
14. Deems a person guilty of a class 6 felony who knowingly lists or advertises a residential real property for sale or rent without legal title or other authority to do so.
15. Includes, in the list of documents of which a person's knowing and invalid filing with the county recorder constitutes a class 1 misdemeanor, a document that purports to convey an ownership or leasehold interest in real property.
16. Contains a statement of legislative intent.
17. Makes technical and conforming changes.
18. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2025
ZD/KS/ci