questions & answers

Question: I am asking this question on behalf of my dear friend who is a senior and does not own a computer in which to ask this question. A year ago, my friends son bought a home in Youngtown, Arizona, for his mom 76 yrs of age and his dad who is 84 yrs of age, to live in until they die, rent free. Today he wants to evict them. What can they do? Do they have any rights? What are AZ laws regarding unwritten tenancy agreements?

Answer: The Arizona Residential Landlord Tenant Act is usually a good place to start. Here is a link: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf

A.R.S. 33-1314(D) sets forth that, absent a written agreement for a definite term, a tenancy is week-to-week if rent is paid weekly and, in all other cases, is month-to-month. In this case, where it is rent-free, the lease would likely be presumed to be month-to-month. Under normal landlord-tenant circumstances, a month-to-month tenancy can be terminated by providing written notice of that termination "at least thirty days prior to the periodic rental date specified in the notice." A.R.S. 33-1375(B). Thus, for a tenancy that began on the 1st of a month, thirty days notice prior to the end of a month would need to be provided to terminate the tenancy at the end of that month (Notice on May 1st means termination on May 31st). There may be other implications here, however, since this case involves elderly parents (a vulnerable population). If there was a written agreement to allow them to live there rent-free, or they purchased the home and put it into trust, or they have mental or physical conditions that make them vulnerable, it is possible that the son's right to evict them may be limited. These questions are beyond the scope of basic landlord-tenant issues and should be addressed by an experienced and knowledgeable elder law attorney. You can find referrals through the State Bar of Arizona and the Maricopa County Bar Association. Please note that I am providing general information based on the limited information available to me. I am unable to provide legal advice, and no attorney-client relationship is created hereby. I wish you and your friends the best in these difficult circumstances.