Eviction

questions & answers

Question: If you are living in someone's home can a fiduciary just lock you out without doing an eviction and taking you to court

Answer: The Arizona Residential Landlord and Tenant draws an important distinction between tenants and guests. 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 written notice (A.R.S. 33-1375), only after which time the “landlord” may file an eviction complaint with the court. (If the person is a tenant, then only a judge can order that person’s eviction, and locking that person out before a judge permits it is unlawful.) However, if the person is merely a guest, then Arizona law 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). This is a general synopsis of the tenant/guest distinction. It may or may not be relevant to your situation. If you would like legal advice, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).