Property owners can bring a forcible detainer case against an unauthorized person living in a residential property after a reasonable request to leave, if a list of conditions is met, and the court must issue a writ of restitution right after it signs a judgment against that person.
Official title: unlawful occupants; forcible entry; detainer
- September 12, 2026
An automatic check couldn't match part of this summary to the law's text.
The text of the law is the only authority. What this label means
What changes
BeforeFor a person who forcibly entered property that someone else had also taken by forcible entry, a forcible detainer existed when the person refused for 5 days after a written demand to give possession back to the person whose possession was first entered.
NowThat 5-day written-demand rule stays. In addition, a forcible detainer exists if the person refuses after a reasonable request to leave and give possession back, but only if all listed conditions apply: the request comes from the property owner or the owner's authorized agent; the property includes a home or is used as a residence; an unauthorized person is unlawfully occupying it; the owner has directed the person to leave; the property was not open to the public when the person entered; the person is not a current or former tenant there; the person had no prior verbal or written agreement to live with the owner in that home; the person is not an immediate family member of the owner; and no lawsuit is pending between the owner and the person.
BeforeA person who wilfully held over property after their rental time ended committed forcible detainer after a demand for possession made in writing.
NowThe law no longer says this demand for possession must be in writing.
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NowFor cases brought under the new unauthorized-occupant rule, a writ of restitution (generally, a court order returning the property to the owner) must be issued immediately after the court signs any judgment against the unauthorized person.
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NowThe Arizona Supreme Court must adopt rules to allow claims under this section to be resolved quickly.
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NowThe law states that "this section" does not apply to or change the rights and remedies available to landlords and tenants under title 33, chapter 10 of Arizona law.
Who it affects
- Residential property owners and their authorized agents
- Unauthorized people occupying residential property
- People holding over on property after their rental time ends
- Arizona Supreme Court and courts handling forcible detainer cases
What you need to do
Nothing required. Property owners who want to use the new process must meet all of its conditions, including directing the unauthorized person to leave and making a reasonable request to leave.
What the law doesn't answer
- What counts as a "reasonable request" to leave, or whether it must be in writing
- How much time the occupant has to leave after the request
- When the Supreme Court must adopt the new rules
- Who counts as an "immediate family member"
- How the writ of restitution is carried out or by whom
- Whether any criminal penalties apply to unauthorized occupants
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.