questions & answers

Question: My 24yr old step son has been living with his father and I for 3 years . He pays no bills , or contributed in any way . His dad made a verbal agreement with him 40 days ago for him to move out in 30days and his dad would give him 2000$ to move . He took the money and haven't heard anything since . He doesn't answer his phone or text . Can I pack his room and store his things . Or do I need to evict .

Answer: Under Arizona law, the important distinction is whether the person is a tenant or a guest. 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 written notice (A.R.S. 33-1375). However, if the person is merely an unwanted guest at this point (either because they were never a tenant in the first place or because the rental agreement was for a specific period of time, which since has concluded, then no such notice is necessary. Both for strangers and close family members, it is always wise for the landlord to communicate in writing as much as possible (including about the safeguarding and storing of the person’s belongings).