questions & answers

Question: I am a homeowner, temporarily living and working out of state and have allowed a family member to live there rent free. She is taking over the utilities, I continue to pay the mortgage, taxes and insurance. She also will take care of maintenance and her own personal desired improvements, with permission, at her expense. My question is, does this relationship put me in a position of being a landlord, which I do not want to be, or am I a non-resident homeowner? Can you point me to state law and statutes on this subject?

Answer: THis is for informational purposes only, you may want to contact an attorney for legal advice. Under A.R.S. 33-1378. Removal of guest; notice: 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.