Eviction

questions & answers

Question: I have a home that my son is living in. No lease. He hasn't paid rent or utilities and I'm paying everything. I have been telling him to move, but he won't. What can I do to make him move?

Answer:

The following is general information about landlord and tenant laws in Arizona. To find out how the law may apply to your specific situation, you may want to consult with an attorney.

The Arizona Residential Landlord and Tenant Act governs the lawful and unlawful behavior of landlords and tenants and can be found under §§ 33-1301- 1381 of the Arizona Revised Statutes. A writ of restitution is the legal document that allows a landlord to evict a tenant. To obtain a writ of restitution, a landlord must first file a special detainer action. A.R.S. § 33-1377 governs special detainer actions, and allows the landlord to obtain a remedy for past rent owed by a tenant. Assuming that the Court finds that past rent is due to the landlord as per the detainer action, the Court will issue a writ of restitution as per A.R.S. § 12-1181. This writ is generally served on the tenant by a sheriff. Once the writ has been served, the tenant must vacate the premises. A.R.S. § 33-1368(E) states that a landlord must hold the tenant’s property for a period of twenty-one days starting on the day the writ of restitution is executed by the Court. As per A.R.S. §33-1368(E), if the tenant's former dwelling unit is used to store the property, the landlord may change the locks on that unit at the landlord's discretion. This information is provided as information only, and is not intended to be construed as legal advice.