Ariz. Rev. Stat. § 12-1173.01
Additional definition of forcible detainer
Operative Text
A. In addition to other persons enumerated in this article, a person in any of the following cases who retains possession of any land, tenements or other real property after he receives written demand of possession may be removed through an action for forcible detainer filed with the clerk of the superior court in accordance with this article: 1. If the property has been sold through the foreclosure of a mortgage, deed of trust or contract for conveyance of real property pursuant to title 33, chapter 6, article 2. 2. If the property has been sold through a trustee's sale under a deed of trust pursuant to title 33, chapter 6.1. 3. If the property has been forfeited through a contract for conveyance of real property pursuant to title 33, chapter 6, article 3. 4. If the property has been sold by virtue of an execution and the title has been duly transferred. 5. If the property has been sold by the owner and the title has been duly transferred. B. The remedies provided by this section do not affect the rights of persons in possession under a lease or other possessory right which is superior to the interest sold, forfeited or executed upon. C. The remedies provided by this section are in addition to and do not preclude any other remedy granted by law.
Arizona Revised Statutes § 12-1173.01 expands the definition of 'forcible detainer' to cover situations where property has changed hands through foreclosure, trustee's sale, contract forfeiture, execution sale, or voluntary sale by the owner. Under this provision, anyone who remains on such property after receiving a written demand to vacate may be subject to a forcible detainer action filed in superior court. Importantly, the statute preserves the rights of occupants whose lease or other possessory interest is legally superior to the interest that was sold or forfeited, and it does not eliminate any other legal remedies that may be available.
Plain English — not legal advice.
Under A.R.S. § 12-1173.01, a new property owner who acquires title through foreclosure, trustee's sale, contract forfeiture, execution, or a standard ownership transfer generally begins the removal process by serving a written demand for possession on any occupant who remains on the property. If the occupant does not vacate after receiving that written demand, the new owner may file a forcible detainer action with the clerk of the superior court. Operators in this situation typically document the chain of title transfer and the written demand carefully, as both are foundational elements of a claim under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 12-1173.01 includes a significant protection: if a tenant holds a lease or other possessory right that is legally superior to the interest that was sold, forfeited, or executed upon, the remedies in this section do not affect that tenant's right to remain. Tenants who receive a written demand for possession following a foreclosure or other property transfer may want to review whether their lease predates or is otherwise superior to the encumbrance that triggered the sale. Tenant-rights organizations and legal aid offices can help occupants understand whether this statutory protection or other available remedies apply to their circumstances under § 12-1173.01.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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