Arizona Squatters Are Becoming a Bigger Problem. The Law Isn’t Keeping Up

For whatever reason, it's vacant for a few months. Maybe you're trying to sell it, or perhaps it belonged to a relative, and you're now the executor of their estate. As you navigate legal issues, someone moves into the home. Only you don't know them, you didn't give them permission, and they're not paying you to stay there.

Getting these squatters off your property should be cut and dry—but as many Arizona homeowners find out the hard way, the law isn't necessarily on your side.

What is Squatting?

You may have learned in Kindergarten not to touch something that doesn't belong to you. For some, desperate times call for desperate measures, and taking up residence in a vacant house has become an option.

In plain English, a squatter is not a tenant, not a guest, and not someone with any legal agreement. They simply take possession of a property they don’t own, and in some cases, they stay long‑term. Some even attempt to claim they have the right to continue to occupy the property through adverse possession. Here's the bad news: this is a legal doctrine that can apply if the true owner doesn’t act quickly.

What’s Driving Arizona’s Spike In Squatting?

Arizona’s housing shortage, rising home prices, and gaps in property‑rights enforcement have created the perfect storm.

If you're a homeowner who's getting a house ready to sell, you worry about repairs, paint, and curb appeal. Now you might have one more thing to be worried about, and it's something a coat of paint can't solve: squatters moving in before the home even hits the market.

How is THIS Legal? Arizona Retailers Add Credit Card Processing Fees

According to iPropertyManagement, squatting is the act of occupying an abandoned or unoccupied property without the owner’s permission. And in Arizona, depending on the situation, it can fall under adverse possession, which means a squatter could eventually claim legal rights to the property.

Under ARS 12‑522, if someone occupies a property and claims possession, the owner has two years to take legal action or risk losing the ability to remove them.

Get our free mobile app

Why Can’t Police Just Remove Squatters?

Here’s the frustrating part: Arizona squatting laws are mostly civil, not criminal. In most cases, police can't intervene unless the squatter is actively trespassing and has no documentation at all.

Squatters get away with it because if a person presents any rental agreement, even a questionable one, the case becomes a civil eviction, not a criminal trespass. An eviction in Arizona can take weeks or months and cost thousands in legal fees.

Arizona Senate Bill SB 1129 would have allowed police to remove squatters more quickly, and it passed the Arizona Senate with bipartisan support. However, Governor Katie Hobbs vetoed it in April 2024. Newsweek also reported that the bill would have allowed homeowners to file an affidavit authorizing police removal, but concerns about misuse led to the veto.

RELATED: Can You Legally Put a Tiny Home in Your Cochise County Back Yard?

How Do Squatters Take Over Arizona Homes?

Squatters can do a lot of damage to a property, and it can happen very quickly. A "for sale" or "for rent" sign signals that the home may be unoccupied. Then, squatters use several tactics to move in. Some are simple, others are shockingly sophisticated.

Here are the most common methods they use:

• Identity theft to pose as legitimate renters
• Forged rental agreements or fake leases
• Immigrants seeking shelter
• "Holdover tenants": Individuals who refuse to leave after a lease ends
• “Party house” setups that cause major property damage

Identity theft is especially common. A squatter may use stolen personal information to pass a background check if they pay the first month’s rent. After that, they stop paying entirely. When the landlord tries to evict them, the paper trail collapses, and the headache begins.

How Can Homeowners Protect Their Property?

The best way to combat squatters is prevention. Here are some steps homeowners can take to protect their investment:

• Install security cameras and timers on indoor lights so it appears the property is occupied.
• Check vacant properties frequently to make sure no one is setting up in the home.
• Screen tenants thoroughly and verify IDs and backgrounds before leasing.
• Avoid leaving homes visibly vacant and think twice before planting a "for sale" sign on the lawn.

These steps won’t stop every squatter, but they reduce the risk. The Arizona legislature is working on new laws to protect homeowners, but until then, protect yourself and your property.