Eviction

questions & answers

Question: Do I have rights as a tenant even if I'm not on the lease but been living there for approximately three years can my girlfriend kick me out

Answer: Although a person in this sort of situation does not have the benefits of a rental agreement with the landlord, they may have the benefits of a sub-rental agreement with the primary tenant whose name is on the lease, especially if they have been contributing to the payment of rent, but it is uncertain. It depends on whether the person is considered a tenant (of the tenant) or merely a guest. A tenant must be provided with notice (A.R.S. 33-1375), while a guest may be kicked out. This is what the Arizona Residential Landlord and Tenant Act says about guests: “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).