questions & answers

Question: Roommate's drunk cousin (eviction): I am listed on Rental Lease Agreement with a roommate. The roommate has a Guest (cousin) who is NOT on the lease staying in the living room for over a month. Roommate's Cousin helps her with expenses and rent at times. The roommate's cousin is an alcoholic, and gets drunk, becomes unruly, staggering, breaking things, etc. I would like to have the Guest Removed from the premises, evicted, when drunk particularly, or permanently. Can I have the police remove the drunk cousin of my roommate AGainst my Roommates discretion?

Answer: The Arizona Residential Landlord and Tenant distinguishes between tenants (and lawful subtenants) and guests. Under Arizona law, if the person is entitled by a rental agreement – even just an oral agreement – to occupy the dwelling, then in theory that person is a tenant (or potentially a lawful subtenant) (A.R.S. 33-1310(16)) who thus has a right to be provided with 30 days written notice (A.R.S. 33-1375), only after which time the landlord may file an eviction complaint with the court. However, if the person is merely a guest, then Arizona law says the following: “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” (A.R.S. 33-1378). A tenant whose co-tenant invites someone else to start living in the dwelling without the other tenant’s or the landlord’s permission is usually not a lawful subtenant, unless the rental agreement says otherwise, but there is no general rule that applies to every single situation. Tenants often turn to their landlords to deal with such issues, although there is always the risk that if the co-tenant has breached the rental agreement by subletting the dwelling without permission then the landlord will seek not only to have the guest removed but also to have the co-tenant evicted.