questions & answers

Question: My friend let me stay in his house and the day before yesterday he told me he sold the house a d o need to move out. How much time do I have before I have to. Vacate the primisses and if he sold the house does he have to help me financially to try and get somewhere else to stay?????

Answer: If a person is merely an unwanted guest, then the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10) 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). However, if a person is (or could be considered to be) entitled by a rental agreement – even just an oral agreement – to occupy the 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). So the important issue is whether or not a rental agreement exists and the person is a tenant, rather than just a guest. Financial compensation is required only if a landlord wishes to terminate a rental agreement before it expires.