questions & answers

Question: My Father passed away on 9/2/15, he did not have a will so the paperwork has been submitted to probate. He had a room mate that lived there for 3 years and never paid rent. Now the Air conditioning is broken and he wants me to fix it, am I legally responsible to fix this?

Answer: THis is for informational purposes only, you may want to contact an attorney for advice. Under A.R.S. 33-1378. Removal of guest; notice: 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. It sounds like his roommate does not qualify as a tenant. Follow the process outlined above in order to evict him.