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Old 08-28-2015, 11:35 AM
 
Location: Close to an earthquake
890 posts, read 757,778 times
Reputation: 2396

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I could probably find an answer to my question with some internet search time but thought I'd try here since it has proven to be a great source of information with many forum members freely giving of their time with good advice.

This doesn't apply to me because I live in another state but someone I know lives in Phoenix and rents an apartment. This person's friend who happens to be the mother of his children resides there with him but does not contribute financially towards the rent nor is she on the rental agreement. In a relationship that is heading south, what would this person need to do in writing to effectively terminate this other person residing in the apartment? Has her occupancy there created some sort of agreement whereby a notice to vacate must be given in a prescribed form much like a notice to terminate a rental agreement?

Disregard any custody issues of the children because I'm not asking about that.

Thanks in advance.
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Old 08-28-2015, 11:53 AM
 
Location: Phoenix, AZ > Raleigh, NC
16,981 posts, read 22,134,966 times
Reputation: 28400
I think there's a problem that you haven't even considered: Is she on the lease? If not, the lease probably says she isn't allowed to reside there.

Start here:

AZ Residental Landlord and Tenant Act

Then here:

AZ Tenants Rights and Responsibilities

Then, give up and find an attorney. This isn't going to be pretty or easy.
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Old 08-28-2015, 01:16 PM
 
Location: Close to an earthquake
890 posts, read 757,778 times
Reputation: 2396
Thanks for the resources. This is a low-key landlord not likely to make an issue of that but I appreciate you bringing it to my attention for consideration. Thanks again.
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Old 09-03-2015, 10:39 PM
 
370 posts, read 1,444,188 times
Reputation: 253
MY understanding is that, at least in some states and under certain circumstances, a person living in a residence can and does have certain legal rights-regardless if they pay rent or on the contract. IF it became a problem the named renter could be evicted for breaking provisions of the lease (i.e., occupancy) AND the "squatter" also has rights. Hopefully this does not become an issue and the "squatter" goes quietly into the night...
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