Squatters can quickly become a legal nightmare. In Arizona, property owners cannot simply kick out a squatter—they must follow a legal process to avoid wrongful eviction claims, lawsuits, and delays.
Want to remove a squatter legally and quickly? Here’s what you need to know.
1. Identify Whether They Are a Squatter or a Tenant
A squatter is someone occupying your property without permission or a lease. However, not all unauthorized occupants qualify as squatters—some may have tenant rights.
A Squatter IS:
Someone who entered and occupied the property without your consent.
A person living in a vacant home without a lease agreement.
Someone who may try to claim "squatters' rights" through adverse possession.
A Squatter is NOT:
A former tenant who stopped paying rent (this requires a formal eviction).
A guest or family member who overstayed (this may require civil action).
Why This Matters: Mistaking a squatter for a tenant can delay the process. Always confirm their status before taking action.
Pro Tip: Check county property records to verify ownership before filing legal action.
2. Call the Police for Immediate Trespassing Removal
If the squatter recently entered your property, law enforcement may remove them for trespassing.
When the Police Can Remove a Squatter:
- If they forcibly entered (e.g., breaking in, no prior residence established).
- If you caught them immediately and they haven’t established residency.
- If they cannot prove any legal right to be on the property.
Act Fast! The longer they stay, the harder it becomes to remove them.
Pro Tip: If police won’t remove them, you’ll need to file a legal eviction.
3. Serve the Squatter a Formal Notice
If the police won’t remove the squatter, you must serve them an official eviction notice.
Choose the Correct Notice:
5-Day Notice to Quit – For unlawful occupants.
5-Day Notice for Non-Payment – If they previously paid rent but stopped.
10-Day Notice to Comply or Vacate – If they violated a lease or agreement.
Why It Matters: This step protects you legally and gives the squatter a chance to leave before court involvement.
Pro Tip: Serve the notice via certified mail or hand-delivery for legal proof.
4. File for a Formal Eviction (Special Detainer)
If the squatter ignores the notice, you must file an eviction lawsuit.
Steps to File an Eviction in Arizona:
- Go to your local Justice Court and file a Special Detainer lawsuit.
- Pay the filing fee (varies by county).
- The court will schedule a hearing (usually within 5-10 days).
- A process server or sheriff must serve the squatter with the lawsuit.
What Happens Next? If the squatter doesn’t show up to court, you win by default. If they do appear, you must prove they are unlawfully occupying the property.
Pro Tip: Hire a professional process server to ensure legal delivery of eviction documents.
5. Obtain a Writ of Restitution & Remove the Squatter
If the court rules in your favor, the squatter must leave.
If They Don’t Leave Voluntarily:
- Request a Writ of Restitution from the court.
- The sheriff will serve the writ and forcibly remove them if necessary.
- Change the locks immediately after they leave.
Important: Do not attempt to remove them yourself—only law enforcement can physically evict a squatter.
Pro Tip: Once they’re gone, secure the property to prevent reentry.
6. Prevent Future Squatters from Taking Over
Once you’ve removed the squatter, take steps to ensure no one else moves in.
How to Keep Squatters Away:
- Secure all doors, windows, and entry points with strong locks.
- Post "No Trespassing" signs to deter future squatters.
- Regularly check on vacant properties to prevent re-occupancy.
- Install security cameras or hire a property manager.
Pro Tip: If you own multiple vacant properties, conduct regular inspections.
7. Understand Squatter’s Rights (Adverse Possession)
Arizona has an "adverse possession" law that allows squatters to claim ownership—but only under strict conditions.
For a Squatter to Claim Ownership, They Must:
- Occupy the property for 10 consecutive years.
- Use the property openly, continuously, and without permission.
- Pay property taxes on the land.
If they don’t meet these criteria, they have no legal right to your property.
Pro Tip: If a squatter claims "squatters' rights," challenge them in court immediately.
Final Takeaway: Act Fast & Follow the Law to Remove Squatters
Arizona law protects property owners—but only if you follow the legal process.
Steps to Remove a Squatter Legally:
- Identify if they are a squatter or a tenant.
- Call the police if they are trespassing.
- Serve them a formal eviction notice.
- File for a Special Detainer eviction in court.
- Obtain a Writ of Restitution if they refuse to leave.
- Have the sheriff enforce the eviction.
- Secure your property to prevent future squatters.
Don’t let a squatter take over your property—act quickly, follow the law, and remove them legally.
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