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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Arizona... Friend invited an Acquaintance who was going through

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Arizona... Friend invited an Acquaintance who was going through a bitter divorce to move in with her (Friend/Husband own home) "for a few weeks" until Acquaintance could finalize divorce and find a job. Acquaintance pays no rent, has a house key, buys no groceries, does no housework except to feed Friend's cat (contrary to Friend's instructions). Acquaintance's mail does NOT come to the house, but to a PO box in the next town. Fourteen months later, Acquaintance's divorce long final, no job prospects, Friend has informed Acquaintance that she needs to make other living arrangements as Friend's daughter and three children will be moving in after a divorce. Acquaintance has become rude and surly, refuses to discuss the matter, and doesn't seem to be making any arrangements to leave. Is Acquaintance considered a tenant (requiring legal eviction) or an unwanted houseguest (if the latter, how does one get her -- and her furniture and possessions -- out?).
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. Note: there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. That old saying of "biting the hand that feeds" comes to mind. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

In this situation, the acquaintance is a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

Under AZ 33-341, the tenant at sufferance must be evicted, although unlike other tenants, no notice to quit is necessary. So you do not have to give her time to leave, but may simply file for an eviction and have a hearing. If she does not leave prior to the hearing or immediately after it, a Writ may be received from the Court and she may be forced out by the authorities.

Normally, most tenants at sufferance leave, however, once the owner states that either they leave or they will be dragged out by the police (which usually works pretty well as a legal intimidation tactic).

So as much as you may wish to simply lock her out, this cannot be done, although a quick eviction may be executed. But again, most will leave upon being warned of an eviction, or served with one, even before the hearing.

I hope this helps and clarifies. Good luck.

Surely, you prefer that I tell the truth rather than what you wish to hear. Because it reflects very poorly on me unless you press one of the top three faces, keep this in mind when rating my and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

IMPORTANT: Please use REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces before submitting the rating, because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating. My ultimate goal is your complete satisfaction.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87079
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Expert:  Ely replied 1 year ago.
Thank you for your generosity.

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