Eviction

questions & answers

Question: How do I legally remove my verbally and emotionally abusive non-rent paying adult son from my home? He's also unemployed, by choice. Thank you.

Answer: If a person is a considered a tenant, then they must be provided with advance written notice of the landlord’s intention to terminate the existing rental agreement. The usual notice period is 30 days before the beginning of the next rental period (A.R.S. 33-1375). However, if a person is merely an unwanted guest, then the lawful occupant of the dwelling may kick them out without providing formal notice. If the lawful occupant of the dwelling is a tenant themselves, the Arizona Residential Landlord and Tenant 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).