writ of restitution; criminal trespass
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends Arizona law to clarify the process for obtaining a writ of restitution in cases of forcible entry and detainer. It establishes that if a defendant is found guilty of these offenses, the court can order the return of the property and associated damages. Furthermore, the bill creates a criminal trespass charge for individuals who knowingly remain on a property after receiving a writ of restitution without permission, expanding the penalties for unlawful occupancy.
Key provisions
- Establishes a writ of restitution for forcible entry and detainer cases.
- Allows for restitution of rent owed through the rental period as outlined in the lease agreement.
- Creates a criminal trespass charge for unlawfully remaining on a property after receiving a writ of restitution.
- Specifies a five-day waiting period after judgment before a writ of restitution can be issued.
- Outlines procedures for enforcing writs of restitution promptly.
- Addresses the inclusion of social security numbers on judgments.
- Provides for judgment in favor of the defendant if not guilty of forcible entry and detainer, with a potential writ of restitution if the plaintiff has possession.
- Defines the types of property subject to the trespass charge (dwelling units, mobile home spaces, recreational vehicle spaces).
Who is affected
- Landlords
- Tenants
- Property Owners
Bill text
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Sponsors
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1 on record
Primary sponsor
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