questions & answers

Question: I have lived with my brother for 2 yrs.I went out of town for the wknd,and he texted me that he wants me out,has changed the locks and refuses me access to get my belongings. There was never any written or oral contract for rent though I have given him money and have paid for repairs to the home. Can he lock me out because he feels I've disrespected him? He's also threatened me with police action if I go on the property. After I have cooked,cleaned and maintained his home what can I do?

Answer: This depends on whether you have a lease with the relative or not. You should look to the Arizona Residential Landlord Tenant Act found here: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf Under A.R.S. 33-1314(D), if you have no rental agreement and you pay every week you are a week-to-week tenant. If you have no rental agreement and you pay every month, you are a month-to-month tenant. Under A.R.S. 33-1375(A), a week-to-week tenancy may be terminated by written notice provided at least ten days prior to termination. Under A.R.S. 33-1375(B), a month-to-month tenancy may be terminated by written notice at least thirty days prior to the end of a month (So if you pay rent on the 1st, the written notice must be provided no later than the 1st of the prior month). Note that in both cases, calling you to kick you out is insufficient. Notice must be provided in writing.