questions & answers

Question: I just got myself an appartment l for the first time in about 6 years and my 21 year old son who has a lot of problems in his life,well he became homeless AGAIN the day before [ got the keys to my new place. So I let him come stay with me with a verbal agreement between both of us with the understanding that he would follow my rules, not disrespect me, find a job immediately so he could save money and get out and into his own place. Well us been half a month and he isn't doing ant of those things i asked and i want him out. What do I have to do to get him to leave cause he won't? Please help..

Answer: Under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), the important distinction is whether the person is a tenant or a guest. Under the Act, 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 of the termination of their tenancy (A.R.S. 33-1375), only after which time the landlord may file an eviction complaint with the court. (If the person is a tenant, then only a judge can order that person’s eviction, and locking that person out before a judge permits it is unlawful.) However, if the person is merely an unwanted guest, then the Act says the following: “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” (A.R.S. 33-1378).