Arizona HB 2137: dental board; licensure; renewal

Bill Text

HB2137 - 572R - I Ver 

PREFILED��� JAN 06 2026

 REFERENCE TITLE: unlawful property occupancy; removal; trespass

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 2137

 Introduced by 

 Representatives 
 Way: Lopez

AN 
ACT

amending title 12, 
chapter 8, article 4, Arizona Revised Statutes, by adding section 12-1184; 
amending section 13-1504, Arizona Revised Statutes; amending title 33, chapter 
10, article 1, Arizona Revised Statutes, by adding section 33-1304.01; relating 
to residential structures.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 8, article 4, 
Arizona Revised Statutes, is amended by adding section 12-1184, to read:

START_STATUTE12-1184. Alternate removal procedure; unlawful occupancy; affidavit; 
hearing; violation; classification; definition

A. For any claim of unlawful 
occupancy of a RESIDENTIAL property that is not based on a previously lawful 
tenancy or that does not constitute a forcible entry or forcible detainer, A 
property owner or the owner's authorized agent may submit to the local law 
enforcement agency a sworn affidavit that asserts the unlawful residential 
occupancy of a property.� The affidavit must state all of the following under 
penalty of perjury:

1. The affiant is the lawful owner of 
the premises or the authorized agent of the lawful owner.

2. The person who occupies the 
premises is not a lawful tenant or owner.

3. The affiant has not received rent 
payments in any form, including payments made in kind, from the occupant within 
the thirty days immediately preceding the date of the affidavit.

4. There is no lease or rental 
agreement, whether written or oral, or other evidence of the occupant's lawful 
occupancy.

5. The affiant has provided the 
occupant with written notice to vacate the premises at least forty-eight hours 
before the date of the affidavit.

6. There is no ongoing civil 
litigation between the parties regarding possession of the premises, whether a 
forcible entry and detainer action or other similar eviction action.

7. The affiant understands that 
submitting a false affidavit may result in criminal and civil penalties against 
the affiant.

B. On receipt of the affidavit and 
reasonable proof of ownership as specified in the affidavit along with PROOF of 
the AUTHORIZED agency of the affiant if the affiant is not the lawful owner of 
the premises, the local law enforcement agency shall:

1. Serve a notice of unlawful 
occupancy to the occupant that requires the occupant to vacate the premises within 
forty-eight hours after receipt of the notice of unlawful occupancy.

2. If the occupant does not vacate 
the premises within the forty-eight hours pursuant to PARAGRAPH 1 of this 
subsection, remove the occupant and the occupant's property.

3. Allow the owner or the owner's 
authorized agent to secure the premises, including by changing the locks.

C. The local law enforcement agency 
may not remove the occupant if any occupant of the premises presents credible 
evidence of the occupant's lawful tenancy.� The credible evidence may include 
any of the following:

1. a lease that appears valid on its 
face, including evidence of a verbal agreement.

2. One or more utility bills for the 
premises that are in the name of the occupant.

3. Receipts for rental payments or 
electronic transfers within the thirty days immediately preceding the date of 
the affidavit.

4. Emails, texts or other evidence of 
electronic communications that indicate a landlord tenant relationship.

D. Any person who is removed from a 
premises pursuant to this section may petition for an expedited hearing from 
the appropriate superior court or the justice court with jurisdiction over the 
premises.� If the court finds the occupant is a lawful tenant or otherwise had 
the right to possess the premises, the court shall:

1. Order the immediate reinstatement 
of possession by the occupant.

2. Award to the occupant the 
occupant's actual damages, court costs and reasonable attorney fees.

E. Any person who is wrongfully 
removed from a premises pursuant to this section may file an action to recover 
treble damages, attorney fees and costs and injunctive relief.

F. A person who knowingly submits a 
materially false AFFIDAVIT to a local law enforcement agency pursuant to this 
section is guilty of a class 1 misdemeanor.

G. A local Law enforcement agency and 
its officers and employees are immune from civil liability for any good faith 
actions taken under this section.

H. For the purposes of this section, 
"local law enforcement agency" means the county sheriff for any 
property that is not located in a city or town or the city or town police 
department for any property that is located in a city or town.END_STATUTE

Sec. 2. Section 13-1504, Arizona Revised 
Statutes, is amended to read:

START_STATUTE13-1504. Criminal trespas