Sen. Wendy Rogers of Arizona authored a bill expediting the removal of squatters from residential property. SB 1426 strengthens protections for homeowners—a major victory for property rights in the state. Gov. Katie Hobbs signed the bill into law earlier this year, delivering a rare bipartisan victory in a state where Rogers said the governor has vetoed hundreds of Republican-backed bills.
“Property rights are a very big deal for Arizonans,” Rogers said. “That's one of the top things that we value in our state.”
Rogers, who previously owned a home inspection business after retiring from the Air Force, said she intimately understands the issue. She was immediately on board when the problem was brought to her attention.
“One of my lawyers who's in real estate came to me and said that it was a real problem,” she said.
She said it took several years to get the language right. Getting stakeholders involved, such as law enforcement, was key to creating an effective bill that was ultimately successful.
Rogers said the biggest misconception about squatters is that it’s easy to remove them.
"Most people believe that if they get back from vacation and someone is occupying their home, they can simply call the police and have them removed. But that's not the case.
“Squatters will falsify and say, ‘Oh, I have a right to be here. I have permission,’” Rogers said. “They might even produce a false document that shows that they're on the lease or something like that. And then these people can't get them kicked out. And in the past, it's taken weeks, if not months, to get them out. And they have to go to court and it's costly.”
For Rogers, the issue became more than a policy debate when she heard testimony from an Arizona realtor whose family returned home to find squatters living in their house.
"He came home from one of his long trips and found their house occupied," Rogers said. "The squatters had wrecked their house."
He came home from one of his long trips and found their house occupied. The squatters had wrecked their house. - Sen. Wendy Rogers
According to Rogers, the family also became victims of identity theft during the ordeal.
Stories like that reinforced Rogers' belief that Arizona needed a faster way to remove unauthorized occupants.
“What essentially happens is they can get them out maybe in 3 days rather than 19 days.”
What essentially happens is they can get them out maybe in 3 days rather than 19 days. - Sen. Wendy Rogers
The law applies only to residential properties where an unauthorized occupant has no valid tenancy claim, is not an immediate family member of the owner, and is not involved in ongoing litigation with the property owner.
Rogers emphasized that the legislation does not affect legitimate landlord-tenant relationships. SB 1426 specifically excludes current and former tenants, immediate family members, and ongoing legal disputes. Existing protections under Arizona's Residential Landlord Tenant Act remain in place.
Rogers said she passed a separate bill to help protect homeowners from having their house sold out from under them.
“I got a bill passed my first year in office that enables a homeowner to opt-in to a notification service that each county, we only have 15 counties, has to notify you if someone is dinking with your home title.”
Rogers said that even though their law was modeled from Florida’s anti-squatter legislation, she believes Arizona can serve as a model for other states.
“We're a model for a lot of things because we're at ground zero here,” she said. “We're at the pointy tip of the sword here in so many ways.”
Property rights have long been a core focus of the Hazlitt Coalition, of which Rogers is a member. SB 1426 represents another step toward ensuring homeowners—not trespassers—hold the legal advantage when disputes arise.
As more states look for ways to address squatting and protect homeowners, Arizona's law demonstrates how lawmakers can strengthen property rights while preserving protections for legitimate tenants. For Rogers and other liberty-minded legislators, SB 1426 is a reminder that property owners—not trespassers—should have the upper hand when it comes to their own homes.
To join Liberty Action in fighting to protect homeowners and strengthen property rights, click here.
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