Arizona HB 2866: prisoners; community supervision; health emergency.

Bill Text

HB2866 - 572R - I Ver 

 REFERENCE TITLE: landlord; tenant; jury trials; procedures

 State of Arizona

 House of Representatives

 Fifty-seventh Legislature

 Second Regular Session

 2026

 HB 2866

 Introduced by 

 Representatives 
 Hernandez L: Tsosie

AN 
ACT

amending sections 12-1176, 12-1178, 
33-1368 and 33-1377, Arizona Revised Statutes; relating to the residential 
landlord and tenant act.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 12-1176, Arizona Revised 
Statutes, is amended to read:

START_STATUTE12-1176. Demand for jury; trial procedure

A. If a jury trial is requested by the plaintiff, 
the court shall grant the request.� If the proceeding is in the superior court, 
the jury shall consist of eight persons, and if the proceeding is in the 
justice court, the jury shall consist of six persons. The trial date 
shall be no more than five at least fifteen 
judicial days after the aggrieved party files the 
complaint defendant is served with the summons and 
complaint.

B. If the plaintiff does not request a jury, the 
defendant may do so on appearing and the request shall be granted.

C. The action shall be docketed and tried as other 
civil actions. END_STATUTE

Sec. 2. Section 12-1178, Arizona Revised 
Statutes, is amended to read:

START_STATUTE12-1178. Judgment; writ of restitution; limitation on issuance; criminal 
violation; notice

A. If the defendant is found guilty of forcible 
entry and detainer or forcible detainer, the court shall give judgment for the 
plaintiff for restitution of the premises, for all charges stated in the rental 
agreement and for damages, attorney fees, court and other costs and, at the 
plaintiff's option, all rent found to be due and unpaid through the periodic 
rental period, as described in section 33-1314, subsection C, as provided 
for in the rental agreement, and shall grant a writ of 
restitution. The person designated by the judge to prepare the 
judgment shall ensure that the defendant's social security number is not 
contained on the judgment.

B. If the defendant is found not guilty of forcible 
entry and detainer or forcible detainer, judgment shall be given for the 
defendant against the plaintiff for damages, attorney fees and court and other 
costs, and if it appears that the plaintiff has acquired possession of the 
premises since commencement of the action, a writ of restitution shall issue in 
favor of the defendant.

C. No a 
writ of restitution shall may not 
issue until the expiration of five fifteen 
calendar days after the rendition of judgment. The writ of 
restitution shall may be issued but may not 
be enforced as promptly and expeditiously as possible until at least twenty-four hours after the plaintiff provides 
notice to the defendant that the defendant will be served with the writ of 
restitution. The issuance or enforcement of a writ of 
restitution shall not be suspended, delayed or otherwise affected by the filing 
of a motion to set aside or vacate the judgment or similar motion unless a 
judge finds good cause. 

D. A defendant who is lawfully served with a writ of 
restitution and who remains in or returns to the dwelling unit, as defined in 
section 33-1310, or remains on or returns to the mobile home space, as 
defined in section 33-1409, or the recreational vehicle space, as defined 
in section 33-2102, without the express permission of the owner of the 
property or the person with lawful control of the property commits criminal 
trespass in the third degree pursuant to section 13-1502.

E. If the defendant is found guilty of forcible 
entry and detainer or forcible detainer, the court shall give the defendant 
notice that a defendant who is lawfully served with a writ of restitution and 
who remains in or returns to the dwelling unit or remains on or returns to the 
mobile home space or the recreational vehicle space without the express 
permission of the owner of the property or the person with lawful control of 
the property commits criminal trespass in the third degree pursuant to section 
13-1502. END_STATUTE

Sec. 3. Section 33-1368, Arizona Revised 
Statutes, is amended to read:

START_STATUTE33-1368. Noncompliance with rental agreement by tenant; failure to pay 
rent; utility discontinuation; liability for guests; definition

A. Except as provided in this chapter, if there is a 
material noncompliance by the tenant with the rental agreement, including 
material falsification of the information provided on the rental application, 
the landlord may deliver a written notice to the tenant specifying the acts and 
omissions constituting the breach and that the rental agreement will terminate 
on a date not less than ten days after receipt of the notice if the breach is 
not remedied in ten days. For the purposes of this section, material 
falsification includes the following untrue or misleading information about 
the:

1. Number of occupants in the