Eviction

questions & answers

Question: My 24yr old step son has been living with his father and I for 3 years . He pays no bills , or contributed in any way . His dad made a verbal agreement with him 40 days ago for him to move out in 30days and his dad would give him 2000$ to move . He took the money and haven't heard anything since . He doesn't answer his phone or text . Can I pack his room and store his things . Or do I need to evict .

Answer: Under Arizona law, the important distinction is whether the person is a tenant or a guest. If the person is (or could be considered to be) entitled by a rental agreement – even just an oral agreement – to occupy the dwelling, then in theory that person is a tenant (A.R.S. 33-1310(16)) who thus has a right to be provided with 30 days written notice (A.R.S. 33-1375). However, if the person is merely an unwanted guest at this point (either because they were never a tenant in the first place or because the rental agreement was for a specific period of time, which since has concluded, then no such notice is necessary. Both for strangers and close family members, it is always wise for the landlord to communicate in writing as much as possible (including about the safeguarding and storing of the person’s belongings).

QUESTIONS

  • My 24yr old step son has been living with his father and I for 3 years . He pays no bills , or contributed in any way . His dad made a verbal agreement with him 40 days ago for him to move out in 30days and his dad would give him 2000$ to move . He took the money and haven't heard anything since . He doesn't answer his phone or text . Can I pack his room and store his things . Or do I need to evict .

STORIES

  • Age discrimination in the workplace. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS