questions & answers

Question: I live in a home that my mother bought for me 20yrs ago. The home is still in my mother's name who lives at a separate residence My oldest daughter got a divorce and had been living with her boyfriend at his parents house. Her and her boyfriend are both heroin addicts. Recently she called me needing my help and stating she wanted to change her life and get away from the heroin and her boyfriend. She swore she was serious. I told her this was her last chance with me and to make sure she's ready cuz I wont do it again. She has not stopped anything and I want her out of my house. What do i do?

Answer: If she is not a tenant (no lease, never paid rent), then she is a guest. Pursuant to A.R.S. 33-1378: 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. If she has a lease or has ever paid rent, you need to terminate the tenancy pursuant to A.R.S. 33-1375 by giving sufficient written notice depending on the type of tenancy, and then file an eviction action if she does not leave. Here is that statute: 33-1375. Periodic tenancy; hold-over remedies A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice. B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice. C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies. Here is a link to the Arizona Residential Landlord Tenant Act for your reference: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf