Despite a possible revision to the process through which squatters are removed, Governor Hobbs’ veto of SB 1129 will leave the process unchanged.

A squatter is a person who lives on a property without permission or legal claim. They don’t pay rent or property taxes and lack legal title to the property. Sometimes, they even create a fake lease which they use to misrepresent their interest in the property.

With an increase in the number of property owners faced with the problem of squatters, discussion of this issue has become more prevalent, with many Arizonans under the misconception that they will soon have new powers to combat squatters.

Under current law in Arizona, squatters must be pursued through the court system, a process that takes time and money. The property owner cannot only experience property damage and the loss of rental income, they are often forced to incur court filing fees and legal fees to pursue an eviction. According to Doorloop, on average, an eviction in Arizona takes “anywhere between 9 – 41 days” to complete.

Based on the above, Senator Wendy Rodgers brought forth legislation this year that could speed up the process. Pursuant to SB1129, if the squatter, referred to as a “transient occupant,” refuses to leave the property after receiving written direction to do so, the property owner may submit a sworn affidavit to a law enforcement officer that states that the transient occupant:

1. Has been directed to leave the premises by a written demand;
2. Unlawfully continues to occupy the premises; and
3. Does not pay rent; Does not have an ownership interest; and Did not have any prior right to occupy the premises.

Upon receipt, the law enforcement officer may direct the transient occupant to leave the premises and charge them with trespassing if they refuse. If a person is wrongfully removed, they may of course file an action for damages and to recover possession.

SB1129 was supported by the Arizona REALTORS® and passed out of both the House and Senate with bipartisan support. Although other states have passed similar legislation, Governor Hobbs ultimately elected to veto SB1129, and did so with little explanation; citing in her veto letter that the bill “fails to leverage existing legal mechanisms, respect the due process of lawful tenants, and minimize unintended consequences, such as for victims of domestic violence.”

Despite what they may have heard, property owners in Arizona must therefore continue to pursue squatters through the eviction process. If questions about this process exist, the owner is encouraged to consult with legal counsel. 

The Arizona REALTORS® looks forward to working with legislators and the Governor in future legislative sessions to find a mutually agreeable solution to the problem of squatters.