Eviction

questions & answers

Question: I am the only person on my lease. My ex girlfriend, her kid, her boyfriend, and their 2 kids( my ex's grandkids) managed to basically move in. None of them work, I want my home back. Can I simply call the sheriff to have them removed at any time because they are guests? What if they have mail in their name coming? Like I said before they don't pay anything.

Answer: Under Arizona law, if a person is (or could be considered to be) entitled by a rental agreement – even just a verbal agreement – to occupy the dwelling, then in theory that person is a tenant (A.R.S. 33-1310(16)), rather than merely a guest. A tenant on a month-to-month rental agreement must be given at least 30 days advance notice before the agreement may be terminated, while a tenant on a week-to-week rental agreement must be given at least 10 days advance notice before the agreement may be terminated (A.R.S. 33-1375). A tenant has no right to remain in the dwelling once the rental agreement has been lawfully terminated by the landlord, regardless of whether or not the tenant receives their mail at the dwelling.

QUESTIONS

  • I am the only person on my lease. My ex girlfriend, her kid, her boyfriend, and their 2 kids( my ex's grandkids) managed to basically move in. None of them work, I want my home back. Can I simply call the sheriff to have them removed at any time because they are guests? What if they have mail in their name coming? Like I said before they don't pay anything.

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  • State Bar of Arizona
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