Eviction

questions & answers

Question: how to evict an adult child

Answer: I always recommend consulting the Arizona Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf Does your adult child pay rent? Utilities? Are they required to do anything around the house as a condition of them living there? If that is the case, look to A.R.S. 33-1368 (contained in the link above). You would be required to give written notice and an opportunity to cure as set forth in that statute. If they fail to comply or move out, you could go to your local Justice Court serving your area and ask for an eviction packet. You would be required to complete it, provide proof of ownership of the home, pay a filing fee, have it served, and appear to court to explain why the child should be evicted. If there is no rent or any other obligations to living in the home, you could act under A.R.S. 33-1375 (also in the link). You could simply give written notice that the tenancy will expire in 30 days under subsection B of that statute. If the child does not move out, you could proceed with eviction as set forth above. Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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