questions & answers

Question: How do I go about removing people who live in my house who are not on the lease. I understand they have squatters rights. How would I go about legally removing them from my home? I am not the landlord I am the tenant, but my name is on the lease and all the bills. I do not want them in my home any more they have been here illegally for about 3 months. They are not on the lease, how can I legally remove them without losing the house myself?

Answer: Under the Arizona law, the key distinction is whether or not a person is a tenant or a guest. If the person is (or could be considered to be) entitled by a rental agreement to occupy the dwelling, and therefore a tenant (A.R.S. 33-1310(16)), then in theory that person has a right to be provided with 30 days written notice (A.R.S. 33-1375). However, if the person is merely an unwanted guest, then the Arizona Residential Landlord and Tenant Act 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). The doctrine of adverse possession (a.k.a. “squatter’s rights”) does not apply.