In general, if a person has paid rent or has agreed to pay rent to live somewhere, then that person is a tenant. This is true even if the person is only using part of a house or apartment, such as when a person is sleeping on your couch. And since leases don’t have to be in writing, they can be for a tenant even if there is no lease. Rent is usually money. A person can also “pay” rent by doing work or giving things to the person they are renting from. If the person offered to pay, that person may be a tenant even if they never paid any money at all.
If you have a guest who is not a tenant, you can still evict them. Arizona law (ARS ยง 33-1378) indicates that: “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.” However, the police are usually reluctant to get involved in these situations and will suggest you evict them.
Notice to Vacate
Domestic Violence
A.R.S. means Arizona Revised Statutes and RPEA means Rules of Procedure for Eviction Actions.
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