Eviction

questions & answers

Question: if a woman and her boyfriend have been living together for four and a half years in the man's house can he just put her outpack up all of her belongings in the house and take them to another county and drop them off in a non relative to eithers yard without permission and lock her out of the house for her to be homeless does she have the right to stay in the house too

Answer: For assistance with your specific situation, please consult with a licensed attorney.

If you name was not on the lease and if you were not paying rent, you may not have a legal right to live on the property.  

If your name was on the lease or you were paying rent, this issue may fall under the Landlord Tenant Act. If you fall behind on rent or break the terms of the lease the landlord can give you a notice of eviction.  From the time you receive the notice you have 5 days to pay the rent and any late fees (this should have been laid out in your lease or rental agreement) if you’d like to reinstate your agreement.  On the 6th day the landlord will file for an eviction with the court. If you attempt to make payment after he has filed you will have to pay rental fees owed, late fees (as laid out in your agreement), and you will have to pay attorney or court fees for your landlord.  If you lose in court, there will be an eviction judgment against you and you will likely be given 5 days to move out (if eviction is for failure to pay rent).  

If you have not moved out in the time given to you he landlord may obtain a Writ of Restitution from the court and may change the locks on your home.  Any belongings left in the home must be held for 21 days by the landlord and you should be given a list of items left and where they are.  If you fail to make a reasonable attempt to get your belongings back after that period of time (21 days), the landlord may sell your property.

Read more https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

For information on property rights in general, visit: http://azleg.gov/ArizonaRevisedStatutes.asp?Title=33

QUESTIONS

  • if a woman and her boyfriend have been living together for four and a half years in the man's house can he just put her outpack up all of her belongings in the house and take them to another county and drop them off in a non relative to eithers yard without permission and lock her out of the house for her to be homeless does she have the right to stay in the house too

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
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