Updated October 2026. In Arizona, an owner removes a squatter through a forcible detainer case in court, not by changing the locks or removing belongings. Since September 2026, SB 1426 has made that case faster. When someone who was never a tenant refuses an owner’s reasonable request to leave a residential property, the court must issue a writ of restitution immediately after signing the judgment. A constable then enforces it.

The new law only covers true unauthorized occupants. Current or former tenants, family members, and anyone with an agreement to live there still go through the regular eviction process. This post covers the rules and what owners of vacant rentals can do. It’s a general overview, not legal advice. Talk to an attorney before you act on a specific case.

What SB 1426 changed

Governor Hobbs signed SB 1426 (Laws 2026, Chapter 69) on May 29, 2026, and it took effect with the session’s other laws in September 2026. It amends A.R.S. 12-1171 and 12-1173, the forcible entry and detainer statutes.

The conditions in A.R.S. 12-1173

A person commits forcible detainer under the new language if they refuse a reasonable request to leave and give up possession, and all of these are true:

• The person making the request is the owner or the owner’s authorized agent, such as a property manager.
• The property includes a residential dwelling or is used for residential purposes.
• An unauthorized person is unlawfully occupying it, and the owner has directed them to leave.
• The property wasn’t open to the public when the person entered.
• The person isn’t a current or former tenant of that property.
• The person had no prior verbal or written agreement to live with the owner there.
• The person isn’t an immediate family member of the owner.
• No litigation is pending between the owner and the person.

The immediate writ

When those conditions are met, the court must issue a writ of restitution immediately after signing any judgment against the unauthorized person. In a regular residential eviction, A.R.S. 12-1178 says a writ can’t issue until five calendar days after judgment. The law also directs the Arizona Supreme Court to adopt rules for expedited handling of these claims. According to the House summary, the owner’s demand to vacate no longer has to be in writing for these actions. Many attorneys still recommend a written demand so you have proof of the request.

What it does not change

SB 1426 says it doesn’t apply to or modify landlord and tenant rights under Title 33, Chapter 10, the Residential Landlord and Tenant Act. If someone signed a lease, or used to rent the home, the owner still has to give the proper notice under A.R.S. 33-1368 and file a special detainer case. Our Arizona eviction process guide walks through that route.

Squatter or tenant? Why the difference matters

The first question in any case is whether a tenancy exists. People found in vacant homes sometimes produce a lease they claim to have signed with someone else, often after a fake rental listing. A judge then has to decide whether there was ever a real agreement with the owner or the owner’s agent.

Coverage of the new law in the Arizona Capitol Times notes a catch. When there’s no agreement at all, a judge may decide the matter belongs with police as a trespass, not in an eviction-style case. That’s one reason to involve counsel early rather than guessing which path applies.

What owners should not do

• Don’t change the locks, remove belongings or shut off utilities to force someone out. Self-help can create liability, and with a tenant it violates A.R.S. 33-1367 and 33-1374.
• Don’t confront occupants yourself. Call law enforcement if there’s a threat or an obvious break-in.
• Don’t sign anything with the occupant, or accept money from them, before talking to an attorney. A payment or written agreement can look like a tenancy.

What the process looks like

Each case is different, but a typical removal under the new law follows the same steps.

• Gather proof of ownership, any listing or showing records, and dated photos showing the home was vacant and secured.
• Make a clear request to leave, in person through an agent or in writing, and keep a record of it.
• If the person stays, your attorney files a forcible detainer complaint and the person is served.
• At the hearing, the judge decides whether the person is an unauthorized occupant who meets the A.R.S. 12-1173 conditions.
• If the judge rules for you, the writ issues right away and a constable schedules the removal.

After the home is recovered, rekey it, inspect for damage, and document everything for insurance.

Why vacant rentals are the main risk

For single-family landlords, the risky window is between tenants. That includes a home sitting empty during make-ready work, a listing that stays on the market for weeks, or a property waiting on probate or a sale. Scammers sometimes copy real listings and “rent” the home to someone who pays a deposit to the wrong person.

Steps that reduce the risk

• Inspect vacant homes on a set schedule and document their condition with dated photos.
• Use lockboxes or smart locks that log access, and change codes after every showing period.
• Post a no-trespassing sign, and keep the yard and mail from showing the home is empty.
• Watch for copies of your listing on other sites. Rental listings should name the real manager and phone number.
• Make sure the owner and statutory agent information on file with the county assessor is current under A.R.S. 33-1902, so authorities and neighbors can reach the right person.
• Tell neighbors or the HOA who to call if they see activity at the home.

How we handle vacant homes

Property Plus USA markets the homes we manage, including on ARMLS, under our own name and phone number, so applicants can confirm they’re dealing with the real manager. Owners on the Property Plus plan get two interior and two drive-by HomeCare Checks a year. Evictions and occupant removals go through counsel. We manage homes across the Phoenix metro and Pinal County, including San Tan Valley.

Have a vacant rental, or worried about one? Contact us or call 480-586-3700. We’ll talk through your situation and send a free rental analysis.

Frequently asked questions