questions & answers

Question: My brother has had his ex-wife stay with him for about 3 weeks, she was never on the lease of the apartment, pays no rent, has no mail going to the apartment, nor does she have any utility bills. She is becoming increasingly abusive and was only supposed to be temporary. Will he need to evict her or can he just have her removed for trespassing? My brother is the only one on the lease.

Answer: If the woman was not on the lease and did not pay rent, she may be treated as a guest for legal purposes. According to the Arizona Revised Statues: 33-1378. Removal of guest A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy. A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer at the request of the tenant or the landlord who is entitled to possession of the premises. For the full set of laws relating to remedies for housing issues, visit (see Article 4): http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=33