questions & answers

Question: My mother let her ex daughter-in-law stay in a rental she owns, they had a verbal agreement that it was only for a few weeks until she found a place to live. She is still there months later, has not paid any rent and will not leave. How do we evict her?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, please contact an attorney directly. The Arizona Residential Landlord and Tenant Act governs the process of removing a tenant from rented premises  (ARS 33-341)  D and E provide that “when a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will.” In addition, according to ARS 12-1178, the individual entitled to possession of the premises, the owner or landlord, may have a renter or lessee and their possessions removed from the property by obtaining a Writ of Restitution, even though the parties have not signed a formal lease or contract. Upon execution of the Writ of Restitution, the constable may remove all occupants and possessions (ARS 33-1368). To obtain a Writ of Restitution, please visit the local courthouse. Forms may also be obtained by visiting the court website for the applicable county.