Eviction

questions & answers

Question: I moved in with a,buddy.i been living there for a,month and a,half.now he wants me to move out in a day.what rights do i have

Answer: An important distinction in such situations is whether the person being asked to leave is a tenant or a guest. Under Arizona law, 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), 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 a (now unwanted) guest, then the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10) 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).