By Ethan Faverino |
Senate Republicans have advanced legislation aimed at strengthening private property rights and streamlining the removal of unlawful occupants from homes and residential properties.
Senate Bill 1426, sponsored by Senator Wendy Rogers (R-LD7), passed the legislature on May 26, 2026, and is now headed to the Governor’s desk.
The legislation strengthens Arizona’s forcible entry and detainer statutes by creating a clearer, faster process for property owners to reclaim their homes from squatters. SB 1426 defines specific conditions under which a person is considered an unauthorized occupant — including individuals who are not current or former tenants, immediate family members, or parties to any verbal or written agreements to occupy the property. It also established criteria for situations involving forcible entry into residential homes not open to the public.
Key provisions of the bill include:
- Allowing courts to issue a writ of restitution immediately upon judgement in qualifying cases involving unauthorized occupants.
- Directing the Arizona Supreme Court to adopt rules for the expeditious resolution of these claims.
- Preserving all existing protections and remedies under the Arizona’s Residential Landlord and Tenant Act.
“Private property rights are not a suggestion; they are a cornerstone of our freedoms,” stated Senator Rogers. “If someone breaks into your home, moves into your property, and refuses to leave, the law should stand with the homeowner, not the unlawful occupant. That’s just common sense.”
Rogers emphasized that the bill resulted from extensive collaboration with stakeholders, lawmakers, and law enforcement. “This bill has been years in the making,” added Rogers. “The overwhelming support we’ve received, including from members of law enforcement who deal with these situations firsthand, shows just how badly these reforms are needed. Arizonans shouldn’t have to spend months fighting to reclaim property they already own. SB 1426 cuts through the red tape, closes loopholes that have been exploited for too long, and puts homeowners back where they belong—in control of their property. I’m proud to see this legislation finally reach the governor’s desk and hopeful she will sign it into law so Arizona families can receive the protections they deserve.”
The bill amends Arizona Revised Statutes sections 12-1171 and 12-1173. Among other updates, it expands the definition of forcible detainer to include unauthorized persons who refuse to leave a residential property after reasonable request from the owner or authorized agent, provided multiple safeguards are met.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
