questions & answers

Question: Hello we have a tenant that rents a place on are property for 475.00 month her it includes her utilities cable and internet air heat garbage water sewer. She moved her boyfriend and his dog in about the same time. She works he is here 24 7. For 3 months he has been here causing problems within the neighborhood I can no longer use my back yard for my dogs as my little dog well start a fight because he thinks his dog has taken over his yard. I have reached the end of being taken advantage of. She gave notice of 18 days I accepted can I boot him like I should have?

Answer: If a person is (or could be considered to be) entitled by a rental agreement occupy a residential dwelling, then in theory that person is a tenant (A.R.S. 33-1310(16)) who therefore has a right to be provided with 30 days’ written notice by the landlord (A.R.S. 33-1375). The safest option when it is unclear whether the person is a tenant or merely a guest is to treat them as a tenant by giving them 30 days’ written notice stating that the rental agreement will terminate and they will need to vacate by the end of the following month. (The landlord should keep a copy of this notice for their own records and ideally have proof of its delivery to the tenant (for example an email or a witness).