questions & answers

Question: Our daughter lives in our townhouse with her husband whom she is divorcing. We live in California, townhouse is in Tempe and she has lived there for 7 years and before they ever met. She will be moving out of the state, can we evict him immediately as he is not on the lease?

Answer: Under Arizona law, a rental agreement need not be in writing (A.R.S. 33-1310(12)) and anyone who is (or could be considered to be) entitled by a rental agreement – even just an oral agreement – to occupy a residential dwelling, is likely a tenant (A.R.S. 33-1310(16)) who thus as a general rule must be provided with at least 30 days advance written notice before their right to reside in the dwelling is terminated (A.R.S. 33-1375(B)). If an unwanted resident is a tenant, rather than merely a guest, then only a judge can order that person’s eviction, and locking that person out without first providing them with proper written notice, then going through the formal court process if they fail to vacate as demanded, is unlawful.