Squatters Rights in Arizona & Adverse Possession Laws (2024)

Squatters in Arizona who inhabit unoccupied property without permission can make it incredibly challenging for landlords to remove them once they’ve settled in and made themselves comfortable.

Even more anxiety-inducing, if a squatter stays on a property long enough and meets specific requirements, they might eventually be able to claim it as their own through a legal process called adverse possession.

As such, Arizona landlords must learn the ins and outs of landlord-tenant laws, squatters rights, and adverse possession to protect themselves from potential nightmare squatting situations.

Let’s jump in.

Trespassing vs. Squatting

Before we dive too deep, we’ll start with a simple yet important concept: the difference between trespassing and squatting.

Trespassing occurs when someone enters another person’s property without permission, usually with the intent of leaving shortly thereafter. Removing a trespasser from your property is often as simple as calling the cops and letting them deal with the intruder.

Squatting happens when a trespasser enters another person’s property without permission and intends to live there for an extended time. Depending on how well-established a squatter is, removing them from your property might require an eviction lawsuit.

Further, once a trespasser establishes themselves as a squatter on someone else’s property, they can eventually claim ownership rights through a complex legal process called adverse possession, which we’ll explore later on.

Legal Note: Renters who remain on a property after their lease expires and refuse to leave are not considered squatters; they’re known as holdover tenants.

Arizona Laws on Squatters

Trespassing and squatting (long-term trespassing) are both illegal in Arizona.

All trespassers in Arizona, squatters included, are liable for trespassing charges from law enforcement if they’re caught intruding on someone else’s property.

Penalties for trespassing in Arizona include:

• Fines ranging from $500 to $2,500
• Potential jail sentences of up to 6 months

Fresh trespassers with no evidence of established inhabitation at a property can usually be cited and removed relatively quickly by law enforcement. In contrast, well-established squatters can be much more challenging to expel.

Timing is critical to mitigating challenges; you want to catch trespassers before they establish themselves as long-term squatters. If not, you may need to file an expensive and time-consuming eviction lawsuit to remove them.

If you spot trespassers on your property, call law enforcement immediately.

Squatters Rights vs. Adverse Possession Laws in Arizona

As we touched upon earlier, squatters can gain ownership rights to a property through a complicated legal process called adverse possession. While quite tricky for squatters to achieve, adverse possession is still a very real possibility.

Each state has different requirements for adverse possession, so landlords need to understand Arizona’s specific laws, which are a bit more complicated than those of their neighboring states.

How Squatters Can Legally Claim Arizona Property Through Adverse Possession

While the idea of a squatter claiming ownership of your property through adverse possession might seem overwhelming, understand that they’ll need to jump through a series of complex legal hoops before ever doing so.

According to Arizona Revised Statutes, for a squatter to claim property rights through adverse possession, they must first demonstrate the following:

• Hostile Occupancy: The squatter must occupy the property without permission from the owner and cannot be listed on a valid lease agreement.
• Extended Occupancy: Depending on the circumstances, the squatter must reside on the property for a continuous period of two, three, five, or 10 years (see details below).
• Open and Notorious Possession: The squatter’s occupation must be out in the open and known to others. (Hiding within properties doesn’t qualify.)
• Exclusive Possession: The squatter must act as the property owner and exclude others from co-inhabiting the property with them.
• Payment of Taxes (depending on the situation): The squatter might have to pay property taxes while occupying the property. Necessary payment of taxes varies from situation to situation (see details below).

If the above conditions are met, an Arizona squatter might be eligible to claim a property through an adverse possession claim under one of the following conditions:

• The squatter must occupy a property by right of possession (meaning they’re the rightful, legal owner) only for at least two consecutive years (§ 12-522).
• The squatter must occupy a property with a color of title (an invalid title that appears genuine) for at least three consecutive years (§ 12-523).
• The squatter must occupy a city lot, pay all property taxes for five consecutive years, and claim under a deed recorded (aka color of title) (§ 12-524).
• The squatter must occupy a property, cultivate and enjoy it, pay all property taxes for five consecutive years, and claim it under a deed recorded (§ 12-525).
• The squatter must occupy the property and improve, cultivate, and enjoy the land for at least 10 consecutive years (§ 12-526).

Note: Requirements for the two-, three-, five-, and 10-year time frames above are mutually exclusive, meaning squatters only need to meet the conditions listed for their specific scenario.

Landlord Rights and Responsibilities in Regards to Squatters

In Arizona, property owners have the right to evict unwanted trespassers squatting on their property without permission. Landlords should first attempt eviction by issuing squatters a Notice to Vacate, demanding they leave the property before a given deadline.

As a next step, landlords must file a formal eviction lawsuit with the Arizona courts in an attempt to remove stubborn squatters.

Alternative Option: Property owners who want to avoid court could negotiate a “cash for keys” settlement with their squatters. While doing so might feel like a huge concession, this option could be cheaper and quicker than filing an eviction lawsuit.

Squatters Rights and Responsibilities

Squatters aren’t granted any special rights in Arizona, though they do retain the right as “tenants” not to be forcibly removed by a landlord. They can also exercise adverse possession laws to claim ownership of a property if they’ve met certain requirements.

Trespassing squatters are responsible for vacating a property upon an owner’s request and may face legal consequences if they decide not to. They must also follow court-mandated eviction procedures and could be cited or arrested if they refuse to cooperate.

How to Legally Evict Squatters in Arizona

Evicting a squatter can be overwhelming, so we’re going to break the process down into simple steps to help you navigate any potential evictions:

• Gather evidence: Take detailed photos and notes and gather witness statements to document the squatter’s presence on your property. This evidence will be crucial if you need to take your squatter to court.
• Issue a five-day Notice to Vacate: Present your squatter with a document demanding they leave the premises within five days or face legal action. Doing so is your attempt to evict a squatter without involving the courts.
• Explore legal help: If a squatter ignores your Notice to Vacate, an attorney can be a valuable ally. While their services may be expensive, they can help guide you through the eviction process and increase your chances of winning the case.
• File an eviction complaint: Once you’ve gathered sufficient evidence, you’ll need to file a formal complaint with the appropriate court. The complaint will describe the situation and provide proof that the squatter is trespassing on your property.
• Serve notice to the squatter: After filing the complaint, a process server will deliver the court summons, complaint, and a Residential Eviction Information Sheet to the squatter. Doing so ensures squatters are officially notified of the lawsuit and court date.
• Attend a court hearing: Both you and the squatter will have the opportunity to present your cases to a judge in court. Afterward, the judge will review all evidence and make a ruling. The judge will issue an eviction order if they rule in your favor, which is usually coupled with another five-day Notice to Vacate issued to the squatter.
• Enforce the eviction order: If the squatter remains after the court-ordered deadline, you can request a Writ of Restitution from the courts. This legal document authorizes law enforcement to remove the squatter from your property on your behalf.
• Remove the squatter via law enforcement: With a Writ of Restitution in hand, local law enforcement can physically remove the squatter from your property.

Legal Note: Self-help evictions (attempting to physically remove squatters on your own, changing locks, or turning off utilities) are illegal in Arizona. Do not attempt them.

Legal Help for Landlords in Arizona

If you’re an Arizona landlord dealing with squatters and want legal help, the following resources could be useful:

• State Bar of Arizona Attorney Directory: Searchable database of all practicing lawyers in Arizona
• Arizona Department of Housing: Provides information on landlord-tenant rights and the eviction process
• Maricopa County Legal Aid & Pro Bono Services: Financial assistance and pro bono representation for Maricopa County landlords

Preventing Future Squatter Situations

Thwarting squatters is as simple as preventing them from choosing your property in the first place. Here are a few tips to discourage squatting:

• Make regular visits: Schedule frequent visits to your property to establish a consistent presence to deter potential squatters.

• Secure entry points: Reinforce doors and windows with durable locks or bars to make unwelcome entry difficult.

• Maintain a lived-in look: Keep the property in good condition when unoccupied. Keep up with landscaping, collect mail, and remove any signs of neglect that might catch a squatter’s eye.

• Invest in security: Install security cameras and alarm systems to monitor your property remotely and deter potential trespassers.

• Enlist your neighbors: Ask neighbors you trust to watch out for suspicious activity and report any potential trespassers or squatters to you.

How TurboTenant Can Help

As an Arizona landlord, deterring squatters from your properties is essential.

Use TurboTenant, a free landlord software solution, to ensure your rentals are always occupied with little to no vacancy periods. We can help you:

• Advertise rental properties to find renters quickly and minimize vacancy periods
• Collect rental applications online to prevent printing another application
• Screen applicants to find trustworthy renters who will uphold their lease agreements
• Generate Arizona-specific rental agreements that safeguard your property and discourage lease-breaking

Sign up for a free TurboTenant account today and start streamlining your property management chores immediately.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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