questions & answers

Question: I have a person who lives on my property without lease. We started to have a relationship. It has now involved the police and domestic violence. The police will not arrest this person and I have called them several times after physical confritations they say his word against mine no witnesses. I want him gone evicted or something. I can't seem to stop the police from telling him that he has tenant rights. He has caused multiple damages to my house and my property outside. He has taken my keys and locked me out of my house etc. What do I do?

Answer: It may be wise to speak with an attorney. There are links to free and low-cost legal services on this website and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341. Whenever the question concerns how to remove an unwanted person from a residence, an important distinction is whether that person is a tenant or a guest. Under Arizona law, if the 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 thus has a right to be provided with 30 days advance written notice (A.R.S. 33-1375). Providing a person with 30 days notice is always the safest option. If the person is, in fact, a tenant, then only a judge can order that person’s eviction. However, if the person is merely a 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, providing the person with 30 days written notice – as if they are a tenant – is always the safest option.