questions & answers

Question: I am living in my boyfriend's mothers condo and was supposed to be the only one living here but I let a friend of ours move in on the grounds he would pay 100 a week and pay for cable internet and phone. He's been here about a month and up until this last Friday had been paying rent on time. Last night we got into an altercation and he got physical with me so I am getting a restraining order against him. If we don't have any written agreement and I get this order against him how long does he have to move out?

Answer: There appear to be two separate issues here. Ordinarily, a week-by-week residential rental agreement, whether written or merely verbal, requires that the landlord provide the tenant with at least 10 days’ written notice of the landlord’s intention to terminate the rental agreement (A.R.S. 33-1375(A)). An order of protection is entirely different, and, if granted, could prevent a tenant from continuing to reside in a dwelling immediately. The tenant then would need to make arrangements – either through a third party mover or a civil standby with a law enforcement agency – to recover any personal belongings still inside the dwelling.