questions & answers

Question: If an adult child is living with his father and the father decides to kick the child out of the house. Does it require eviction notice before requiring them to leave? If possessions of the child are still in the house, how does the child go about retrieving them?

Answer: If the adult child is merely a guest, who is not providing the parent with any sort of payment or other contribution (not necessarily money) in exchange for being able to live in the parent’s dwelling, then no formal notice is required. The parent may simply ask the adult child to leave. However, if the adult child is living in the parent’s dwelling according to a (written or verbal) rental agreement, then the adult child is considered a tenant, which means that the parent must notify the adult child in writing of the parent’s intention to terminate the agreement. The usual notice period is 30 days before the beginning of the next rental period (A.R.S. § 33-1375). If the adult child moves out but leaves personal belongings behind, they remain the property of the adult child, so the parent must look after them. If the parent and the adult child cannot arrange (either themselves or through family or friends) for the adult child to collect their belongings, especially if safety is an issue, then they may wish to contact their local enforcement agency to request a “civil standby."