questions & answers

Question: A friend of mine said that I could move in her house with her. She knew that I had no income until my disability gets approved. We had an argument and now she served me with a hand written eviction notice to move out in 16 days. I have lived here for over 2 months and I receive all my mail here. Can she do this?

Answer: Under Arizona law, if a person is (or could be considered to be) entitled by a rental agreement – even just a verbal agreement – to occupy the dwelling, then in theory that person is a tenant (A.R.S. 33-1310(16)), rather than merely a guest. A tenant on a month-to-month rental agreement must be given at least 30 days advance notice before the agreement may be terminated, while a tenant on a week-to-week rental agreement must be given at least 10 days advance notice before the agreement may be terminated (A.R.S. 33-1375). A tenant has no right to remain in the dwelling once the rental agreement has been lawfully terminated by the landlord, regardless of whether or not the tenant receives their mail at the dwelling.