questions & answers

Question: i have a roommate. i own my trailer and let her rent a room from me. i just found out she has been stealing from me. no agreements or lease was signed. she paid this months rent but im using it to pay for a plumber i had to get because she broke my toilet. she says she wont leave until i give her half the rent back. do i have to give it to her? can i just make her leave since there is no lease or agreements signed?

Answer: For assistance with your specific situation, consult with a licensed attorney.  

Even if she was not on the lease, because she was paying rent she may have a legal right to be there.  This may mean that you cannot simply have her removed from the property.
 
If you believe that she was stealing from you, you may want to file a police report.  

According to Arizona Revised Statue 13-1802:

13-1802. Theft; classification; definitions

A. A person commits theft if, without lawful authority, the person knowingly:
1. Controls property of another with the intent to deprive the other person of such property; or
2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or
3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or
4. Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or
5. Controls property of another knowing or having reason to know that the property was stolen; or
6. Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so; or
7. Controls the ferrous metal or nonferrous metal of another with the intent to deprive the other person of the metal; or
8. Controls the ferrous metal or nonferrous metal of another knowing or having reason to know that the metal was stolen; or
9. Purchases within the scope of the ordinary course of business the ferrous metal or nonferrous metal of another person knowing that the metal was stolen.
B. A person commits theft if, without lawful authority, the person knowingly takes control, title, use or management of a vulnerable adult's property while acting in a position of trust and confidence and with the intent to deprive the vulnerable adult of the property. Proof that a person took control, title, use or management of a vulnerable adult's property without adequate consideration to the vulnerable adult may give rise to an inference that the person intended to deprive the vulnerable adult of the property.


For the full text of the law relating to theft, visit: http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/01802.htm&Title=13&DocType=ARS