questions & answers

Question: I have had my brother in law and his wife here at my residence that I am renting for seven months. They were told repeated times to start paying a specific amount of money a month and ignored my requests. They chose not to sign a written agreement and still refuse to pay. They are not on the lease either. I want to know if I have grounds to give them a 5 or 30 day notice to vacate. And if I can mail it, as they are staying with someone else for a couple months, or if I have to hand it to them personally. Thank you

Answer: Many questions can be answered by the Arizona Residential Landlord Tenant Act (the "Act") found here: http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.pdf Since they are guests rather than tenants (no lease, never paid rent), you could arguably change the locks and inform them that they are not invited back. If you did that, you would need to give them written notice in order for them to remove their items. If you want to be cautious and treat them as tenants (which is likely a violation of your lease -- subleasing without written permission from landlord) -- check your lease), you could give them written notice. You would do so under A.R.S. 33-1368(B) (found in the link above). It requires 5 days notice in writing. You could send it to them where they are now. I'd send it certified and regular mail so you have proof of sending. If they fail to pay or to move out, you would technically need to file a special detainer action pursuant to A.R>S. 33-1377 to legally evict them. Please note that I am providing general information based on the limited information available to me. I am unable to provide specific legal advice, and this response does not create an attorney-client relationship. I wish you the best going forward.