Eviction

questions & answers

Question: My 22 year old son, who is on probation, will not move out of the house. He does not pay rent and there is no lease agreement. How do we evict?

Answer:

Assuming that the son is not providing any services in exchange for living in the house, he is considered to be a tenant at “will or sufferance.” (A.R.S. § 12-1173) In order to force him to move out, the parents must give him a written notice that his tenancy is terminated as of a specified date. If he does not leave by the date specified in the written notice, the parents may file a complaint against him for forcible entry and detainer. The complaint may be filed with the clerk of superior court or with a justice of the peace. The complaint must: • be in writing, • be sworn under oath, • contain a description of the premises of which possession is claimed (the parent’s home) in enough detail to identify the home, and • state the facts which entitle the parents (who are called the plaintiffs) to take possession of the space where the son was living in their home and authorize the action of forcible detainer (eviction of the son).

Other options that would avoid using the court system and may be less stressful would be talking with the son’s probation officer who may be able to persuade the son to move out. Another possible way to resolve this issue is to seek the assistance of a family mediator. This is a private way to try to resolve disputes that allows the parties to determine the resolution, and it is generally less costly than going to court. Information on mediation programs and a list of Arizona mediators (including family mediators) can be found by visiting the Arizona Association for Conflict Resolution online. Non family mediation information can be obtained by visiting the Sandra Day O'connor College of Law Lodestar Mediation Clinic online  or by mail at: Sandra Day O'Connor College of Law Lodestar Mediation Clinic McAllister & Orange Streets P.O. Box 877906, Tempe, Arizona 85287 or by phone at: (480) 965-6181.