Bill Text: AZ SB1726 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Unlawful occupants; property; removal; documents
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-18 - Senate majority caucus: Do pass [SB1726 Detail]
Download: Arizona-2025-SB1726-Introduced.html
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REFERENCE TITLE: unlawful occupants; property; removal; documents |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1726 |
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Introduced by Senator Rogers
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An Act
amending section 33-420, Arizona Revised Statutes; amending title 33, chapter 23, article 1, Arizona Revised Statutes, by adding section 33-2502; relating to real property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-420, Arizona Revised Statutes, is amended to read:
33-420. False documents; liability; special action; damages; violation; classification
A. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, knowing or having reason to know that the document is forged, or groundless, contains a material misstatement or false claim or is otherwise invalid is liable to the owner or beneficial title holder of the real property for the sum of not less than five thousand dollars, at least $5,000 or for treble the actual damages caused by the recording, whichever is greater, and reasonable attorney fees and costs of the action.
B. The owner or beneficial title holder of the real property may bring an action pursuant to this section in the superior court in the county in which the real property is located for such relief as is required to immediately clear title to the real property as provided for in the rules of procedure for special actions. This special action may be brought based on the ground that the lien is forged, or groundless, contains a material misstatement or false claim or is otherwise invalid. The owner or beneficial title holder may bring a separate special action to clear title to the real property or join such action with an action for damages as described in this section. In either case, the owner or beneficial title holder may recover reasonable attorney fees and costs of the action if he the owner or beneficial title holder prevails.
C. A person who is named in a document which that purports to create an interest in, or a lien or encumbrance against, real property and who knows that the document is forged, or groundless, contains a material misstatement or false claim or is otherwise invalid shall be liable to the owner or beneficial title holder for the sum of not less than one thousand dollars, at least $1,000 or for treble actual damages, whichever is greater, and reasonable attorney fees and costs as provided in this section, if he the person wilfully refuses to release or correct such document of record within twenty days from after the date of a written request from the owner or beneficial title holder of the real property.
D. A document purporting to create an interest in, or a lien or encumbrance against, real property not authorized by statute, judgment or other specific legal authority is presumed to be groundless and invalid.
E. A person purporting to claim an interest in, or a lien or encumbrance against, real property, who causes a document asserting such claim to be recorded in the office of the county recorder, including a document that purports to convey an ownership or leasehold interest in real property, knowing or having reason to know that the document is forged, or groundless, contains a material misstatement or false claim or is otherwise invalid, is guilty of a class 1 misdemeanor.
Sec. 2. Title 33, chapter 23, article 1, Arizona Revised Statutes, is amended by adding section 33-2502, to read:
33-2502. Unlawful occupants; affidavit of complaint; removal; wrongful removal; remedies; violation; classification
A. A property owner of residential real property or the owner's authorized agent may request that the county sheriff or city or town chief of police, as applicable, immediately remove a person who is unlawfully occupying the residential dwelling if all of the following apply:
1. The requesting person is the property owner or the owner's authorized agent.
2. The property includes a residential dwelling or is being used for residential purposes.
3. An unauthorized person is unlawfully occupying the property.
4. The property owner has directed the unauthorized person to leave.
5. The property was not open to the public at the time the unauthorized person entered the property.
6. The unauthorized person is not a current or former tenant at that property.
7. The unauthorized person did not have a prior verbal or written agreement to COHABITATE with the property owner in that residential dwelling.
8. The unauthorized person is not an immediate family member of the property owner.
9. There is no litigation pending between the property owner and the unauthorized person.
B. The person entitled to possession of the residential real property shall submit an affidavit of complaint to the county sheriff or city or town chief of police, as applicable, To request the immediate removal of the unauthorized person. The affidavit of complaint shall be the sworn statement of the property owner or the owner's authorized agent regarding all of the factors prescribed by subsection A of this section.
C. On receipt of the affidavit of Complaint, the law enforcement agency that receives the Complaint shall conduct a preliminary fact-finding, which may include reviewing any alleged lease agreement, interviewing the neighbors of the property in question and other relevant inquiries to determine the validity of the complaint. If the law enforcement agency finds probable cause that the conditions prescribed in subsection A of this section are met, the law enforcement agency shall serve on the unlawful occupant a notice to immediately vacate the property and put the property owner into possession of the real property.
D. The law enforcement agency may charge a fee for the services prescribed by this section. the property owner may request the law enforcement agency to stand by while changing the locks and removing the unlawful occupant's personal property.
E. The owner of the property or the property owner's authorized agent may presume that the unlawful occupant has abandoned any personal belongings that remain at the residential dwelling after the unlawful occupant surrenders occupancy of the residential dwelling or is removed from the residential dwelling.
F. A PERSON WHO IS WRONGFULLY REMOVED FROM A PREMISES pursuant to this section MAY FILE AN ACTION AGAINST THE PERSON WHO CLAIMS THE RIGHT TO POSSESSION OF THE REAL PROPERTY AND MAY BE RESTORED TO POSSESSION OF THE REAL PROPERTY AND RECOVER ACTUAL COSTS AND DAMAGES INCURRED, STATUTORY DAMAGES EQUAL TO THREE TIMES THE FAIR MARKET RENT OF THE RESIDENTIAL DWELLING, COURT COSTS AND REASONABLE ATTORNEY FEES. THE COURT SHALL ADVANCE THE CAUSE ON THE CALENDAR. A PERSON WHO IS WRONGFULLY REMOVED PURSUANT TO THIS SECTION DOES NOT HAVE A CAUSE OF ACTION AGAINST THE LAW ENFORCEMENT OFFICER OR THE LAW ENFORCEMENT AGENCY THAT EMPLOYS THE LAW ENFORCEMENT OFFICER ABSENT A SHOWING OF BAD FAITH BY THE LAW ENFORCEMENT OFFICER.
G. This section does not:
1. preclude or otherwise limit other property owner rights or law ENFORCEMENT actions.
2. PRECLUDE a subsequent civil action for wrongful removal, which may include remedies that restore possession and pay actual costs, damages and attorney fees.
H. A person who UNLAWFULLY occupies a residential dwelling as prescribed by this section, INTENTIONALLY damages the dwelling and:
1. Causes less than $1,000 in damage is GUILTY of a class 1 misdemeanor.
2. Causes $1,000 or more in damage is guilty of a class 6 felony.
I. A person who knowingly lists or advertises for sale or for rent a residential real property without legal title or other authority to do so is guilty of a class 6 felony.
Sec. 3. Legislative intent
The right to exclude others from entering and the right to direct others to immediately vacate residential real property are the most important real property rights. Existing laws in this state fail to adequately protect the rights of property owners amidst the rampant increase of unauthorized persons occupying residential real property and fail to adequately discourage theft and vandalism. The legislature intends to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.
