OPINION — Imagine returning home from vacation to discover that the locks have been changed and an unauthorized occupant is living inside your property.
For Arizona property owners, removing that occupant has not necessarily been as immediate or straightforward as many people would expect. Even when the person appears to have no legitimate right to occupy the residence, the owner generally cannot simply change the locks, remove the person’s belongings or physically force the occupant to leave. Attempting to do so can create additional legal problems.
Arizona has now enacted a new law intended to provide property owners with a faster legal remedy in certain qualifying cases. Gov. Katie Hobbs signed Senate Bill 1426 in May. Commonly referred to as Arizona’s new anti-squatter law, the legislation creates an expedited process through which a homeowner or property manager may obtain a writ of restitution to remove certain unauthorized occupants from residential property.