questions & answers

Question: My sister in law came to stay with us from CA because we didn't want her to be homeless....we allowed her to stay here so that she could have time to get a job and find a place for herself. She is not on the lease and doesn't pay rent nor has there ever been rent spoken of because this was supposed to be temporary. She did have her mail forwarded to herself her. Since moving in we have found out she is actively using street drugs and is not making efforts to help herself and has become increasingly hostile and verbally abusive. Can she still be removed as a guest...the police said no. Help.

Answer: When there is an agreement that a roommate pays a monthly rent but there is no written lease it is called a “month-to month tenancy.” In this situation, the roommate (“tenant”) must be given a 30-day written notice. If he/she does not move out after the 30 days is up then they are considered a “holdover” and you can request assistance from the court. A.R.S. 33-1375 If your roommate has not paid rent that is due, you have right to provide a 5-day written notice. After the 5-day period, if rent is still not paid, you may request a “special detainer” from the court to have the roommate evicted. A.R.S. 33-1368(B) A person who is not paying rent and is not on the lease is a guest and cannot remain in the home without the permission of either the tenant or the landlord. In this case, either the tenant or the landlord can request law enforcement have the person removed without notice. A.R.S. 33-1378 *This is for informational purposes only, you may want to contact a lawyer for advice.*

Question: My sister in law came to stay with us from CA because we didn't want her to be homeless....we allowed her to stay here so that she could have time to get a job and find a place for herself. She is not on the lease and doesn't pay rent nor has there ever been rent spoken of because this was supposed to be temporary. She did have her mail forwarded to herself her. Since moving in we have found out she is actively using street drugs and is not making efforts to help herself and has become increasingly hostile and verbally abusive. Can she still be removed as a guest...the police said no. Help.

Answer: When there is an agreement that a roommate pays a monthly rent but there is no written lease it is called a “month-to month tenancy.” In this situation, the roommate (“tenant”) must be given a 30-day written notice. If he/she does not move out after the 30 days is up then they are considered a “holdover” and you can request assistance from the court. A.R.S. 33-1375 If your roommate has not paid rent that is due, you have right to provide a 5-day written notice. After the 5-day period, if rent is still not paid, you may request a “special detainer” from the court to have the roommate evicted. A.R.S. 33-1368(B) A person who is not paying rent and is not on the lease is a guest and cannot remain in the home without the permission of either the tenant or the landlord. In this case, either the tenant or the landlord can request law enforcement have the person removed without notice. A.R.S. 33-1378 *This is for informational purposes only, you may want to contact a lawyer for advice.*