questions & answers

Question: I currently am renting a home. I allowed a woman and her 2 children to come stay a few weeks with me when she became homeless. She is not on the lease and does not receive mail here. She has become very violent towards me and my children so I want her to move. What can I do? When I called the police to escort her out he told me he'd arrest ME for trying to make her leave with her children. What can I do to get this woman out of my rental home who is violent?

Answer: If this individual has committed an act of domestic violence, and pursuant to A.R.S. 13-3602, the safest and fastest way to remove her may be to seek an order of protection against her in the municipal court or justice court serving your home and requesting that your home be listed as a protected place. Because you reside in the same household, A.R.S. 13-3601(A)(1) makes any act of violence against you a domestic violence offense. If you seek an order of protection, you will be required to complete a petition that details the violence that has occurred and appear in front of a judge to explain why you need the order of protection. If there is violence, and you are the lessee on the lease to the home, you should be able to demonstrate sufficiently to a judge to get an order of protection and get exclusive use of the residence (which you must specifically request). Your alternative would be to evict her under the Arizona Residential Landlord Tenant Act found here: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf Please note that I am answering your question based on the information provided and my answer does not constitute legal advice nor create an attorney-client relationship. I wish you the best going forward.