questions & answers

Question: I had a friend who needed a place to stay. I told him he could stay at my apartment for 2-3 weeks. I also stated to him not to have mail sent to my residence I advised him a p.o. Box was cheap to go that route. Well it's been about 8 months now. I've been telling him he needs to get his own place and move out for many months now. Finally I just told him he had a couple days and that's all. So he has a place and told the police and my landlord his place would be ready on the 5th of November 2017. He has also changed his mailing address. Can I change my locks now since it's nov.8th 2017?

Answer: In this kind of situation, the important distinction is whether the person is a tenant or a guest. 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 an unwanted guest, then the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10) 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).