Eviction

questions & answers

Question: What would be my step process to evict my sons father? My son is an adult. I’m the owner of house , he refuses to leave.

Answer: If your son's father is not a tenant (never had a lease, never paid rent), then he is merely a guest of your son. 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. I would start here. If you believe he is a tenant, then you need to terminate the tenancy. You start with A.R.S. 33-1375, which requires: 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 that contains these statutes and other relevant statutes: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf