Few things are more frustrating for an Arizona property owner than discovering strangers living in your home, and being told by police that it’s a “civil matter.” Until recently, your only option was a full eviction lawsuit that could drag on for weeks.
That changed on May 29, 2026, when Gov. Katie Hobbs signed Senate Bill 1426 into law. Here’s what the new anti-squatter law does, how the faster removal process works, and what you still can’t do when reclaiming your property.
What Is Arizona SB 1426?
SB 1426 amends Arizona’s forcible entry and detainer statutes, A.R.S. § 12-1171 and A.R.S. § 12-1173, to create a fast-track process for removing “unauthorized persons,” the legal term for squatters.
The headline change: property owners now have a fast-track court process for regaining possession. While the statute doesn’t set a fixed timeline, officials estimate the expedited procedure could cut removal from roughly three weeks to just a few days, with the exact speed depending on court rules the Arizona Supreme Court is still finalizing.
Effective date: The law takes effect September 12, 2026, 90 days after the Legislature adjourned. As of late July 2026, it’s on the books but not yet operative.
How to Remove a Squatter Under SB 1426
The new law uses Arizona’s forcible detainer procedure, the same court action used for evictions, but on a faster track:
- Tell the occupant to leave. You (or your authorized agent) must make a reasonable request that the person leave the property.
- File a forcible detainer action. If they refuse, file a complaint in the justice court where the property is located.
- Attend the expedited hearing. The only issue before the court is who has the right to possession.
- Get an immediate writ of restitution. This is the game-changer. In a standard eviction, the writ doesn’t issue until five days after judgment. Under SB 1426, the court issues it immediately upon judgment. No waiting period.
- Law enforcement removes the squatter. A constable or sheriff enforces the writ and restores possession to you.
One caution: the expedited procedure isn’t fully operational yet. The Arizona Supreme Court must adopt court rules to govern these fast-track cases, and while the Administrative Office of the Courts filed a proposed rule package in July 2026, those rules were still in the public comment stage as of this writing. Watch for final rules before counting on the faster timeline.
Squatter, Tenant, or Trespasser? The Label Controls Your Remedy
Mislabeling the person in your property is the biggest source of legal risk. Each category has a different removal path:
- Tenant: Has (or had) a lease or rental agreement. Tenants are protected by the Arizona Residential Landlord and Tenant Act and must go through the standard eviction process, with proper notice.
- Trespasser: Enters briefly, without permission, and never establishes residency. Trespassing is a crime, so police can often remove a trespasser on the spot.
- Squatter (unauthorized person): Lives in the property without permission and without any lease. This is who SB 1426 targets.
The distinction matters because police often won’t remove someone who claims to be a “tenant.” SB 1426 now gives owners a clear, fast civil pathway for true squatters.
Who Counts as an “Unauthorized Person”?
The expedited process applies only when all of the following are true:
- You are the property owner or the owner’s authorized agent.
- The property is a residential dwelling or used for residential purposes.
- The occupant is unlawfully occupying the property.
- You have directed the occupant to leave.
- The property was not open to the public when they entered.
- The occupant is not a current or former tenant.
- There was no verbal or written agreement to live in the home with you.
- The occupant is not your immediate family member.
- There is no pending litigation between you and the occupant.
If even one condition is missing, the fast-track process doesn’t apply, you may need to proceed with a standard eviction instead.
What Property Owners Still Cannot Do
SB 1426 speeds up the legal process, but it does not authorize “self-help.” You cannot force an occupant out by changing the locks, removing doors, or shutting off utilities. In fact, an owner who retakes possession by force can be found guilty of forcible entry under A.R.S. § 12-1171, turning the property owner into the defendant. And if the occupant turns out to be an actual tenant rather than a squatter, an unlawful lockout can expose you to damages of up to two months’ rent or twice your actual damages under A.R.S. § 33-1367. Only a constable or sheriff, acting on a court-issued writ, may physically remove an occupant.
The “Squatters Get Rights After 30 Days” Myth
You may have heard that squatters gain legal rights after 30 days. That’s false. The 30-day figure comes from tenant notice timelines and has nothing to do with ownership.
The only way a squatter can ever claim ownership is through adverse possession, which in Arizona requires years of continuous, open, and exclusive occupation, 10 years under the general statute (A.R.S. § 12-526), or as few as 3 to 5 years only in narrow situations involving a recorded deed, color of title, or payment of property taxes.
Years, not days. A squatter who’s been in your home for a week or a month has no ownership claim whatsoever.
SB 1426 Doesn’t Change Landlord-Tenant Rights
The law expressly states it does not modify the rights and remedies of landlords and tenants under the ARLTA. If you have an actual tenant, including a holdover tenant, the ordinary eviction rules still govern. The expedited process is reserved for true squatters.
Why Work With an Experienced Arizona Landlord-Tenant Attorney
Squatter situations are legally treacherous. The biggest risk is choosing the wrong remedy, treating a tenant as a squatter, or resorting to self-help, which can turn you from victim into defendant.
An experienced Arizona landlord-tenant attorney can quickly determine whether an occupant qualifies as an “unauthorized person” under SB 1426, file the expedited action correctly, and protect you from wrongful-removal liability. As the new procedure and its court rules take shape, knowledgeable counsel is the surest way to reclaim your property lawfully and fast. If you’re dealing with a squatter or unauthorized occupant, talk to a qualified Arizona attorney before taking action.
