Parental Rights & Obligations

questions & answers

Question: My son turns 18 years in a few months. I feel it necessary to move him out of the house when he turns 18. I have heard that it isn't that simple. Can I simply ask him to leave and if he doesn't what are my rights? Since age 16 he has been destructive, disrespectful and has stolen thousands of dollars from us. Police have been involved, therapists, family therapist, case managers etc... The home is in turmoil... It's time for him to go.

Answer: If the person in question is not on the lease, or not paying rent, they would not be considered a tenant, therefore, they are not protected under the landlord/tenant act. As a homeowner, or primary leaseholder, you could ask them to leave, and if they don’t, call the police and report them for trespassing. Additionally, a five day notice in writing demanding departure may solve the problem. As a last measure, file a Forcible Entry and Detainer proceeding in the Justice Court.

QUESTIONS

  • My son turns 18 years in a few months. I feel it necessary to move him out of the house when he turns 18. I have heard that it isn't that simple. Can I simply ask him to leave and if he doesn't what are my rights? Since age 16 he has been destructive, disrespectful and has stolen thousands of dollars from us. Police have been involved, therapists, family therapist, case managers etc... The home is in turmoil... It's time for him to go.

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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    866-553-0893
  • Certified Legal Document Preparer Program
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