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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 36226
Experience:  Attorney with 16 years experience
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Our 18 year old daughter will not follow or rules to be

Customer Question

Our 18 year old daughter will not follow or rules to be respectful to us and her siblings,curses at us etc . She was given 2 months notice to move out if she could not follow the rules and signed our agreement. Now that the time is almost here she says we can't legally make her move out. We offered her to move in with close friends, but she is choosing to live with her boyfriend. When she constantly berates and mouths me in front of the kids I tell her move our now if she is going to act like that (it's only a few days before the Nov.1st )that is my question. She keeps saying we can't legally do that. What is she referring to?
Submitted: 7 months ago.
Category: Family Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 7 months ago.

If she is 18 and still living at home, she is legally your tenant under a month to month tenancy and you are her landlord. In AZ, in order to terminate a month to month tenancy, you would have to give her a written 30 day notice to terminate.

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Then if she didn't move out, you would have to file a formal eviction action in court to get a judgment of eviction and a writ of possession, just like a normal landlord. This would take about 3-4 weeks after the 30 day expired before you could have the sheriff execute the writ and physically remove her.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 7 months ago.
We wrote an agreement that stated she had to follow the rules or move out in 60 days. She broke it within a week. It was a handwritten agreement she signed is that sufficient.
Expert:  Barrister replied 7 months ago.

That would be sufficient to allow you to file to evict her when the 60 days were up. If you wanted to pursue an eviction due to a lease violation, you have to give her a written 10 day notice to cure the violation or you can then evict.

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So it wouldn't make sense to give her a 10 day now when the 60 is up Nov 1. So you can file a formal eviction action Nov 2 if she doesnt' vacate..

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thanks

Barrister