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Room Rental in Owner Occupied Home

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sppatton

Junior Member
What is the name of your state?What is the name of your state? AZ

My mother rented out 2 bedrooms in her home.

Both renters are looking for another place to live but will not give her a move out date. Three days ago, due to problems with the renters, she verbally gave them 30 days notice terminating their rental agreements and will be following up with a written notice.

Renter #1 knew my mother back in CA and moved to AZ to get away from her abusive relationship with her 36 year old daughter and son in law (who pushed her down a flight of stairs). Everything was great until 10 months later, when the daughter and family followed her to AZ without a penny to their names. My mother conceded to Renter #1 and let them stay in the house for 1 week - 1 month later, she had to demand they leave.

My mother is 63 years old, had a complete mental breakdown in '86, still takes a lot of medication and has panic attacks. Renter #1 is fully aware of what causes her to have a breakdown or attack as she helped her after it happened in '86. Children and extreme stress are major triggers. Now she is bringing her daughter and grandchildren over daily and the daughter is verbally abusive to my mother. She told her that she can have them over any time she wants because she payed the rent.

Is there anything my mother can do to get this renter out before 30 days since it is affecting her mental health?

As far as Renter #2, he turned out to be a drunk and just had his 3rd DWI accident on Saturday, so AZ will be providing him with new housing soon.
 


xxxxprincess

Junior Member
Lodger Not Tennant

I think that what you have here is a situation where the occupants of your mothers rooms are not tentants but rather "lodgers" because it is her home and she owns it AND lives in it. In California this gives her the right to give them 72 hours to vacate HER home as she is entiteled to complete control of her own home...not sure if its the same in AZ ...but you may want to look into eviction of a lodger as opposed to renter or tennant
 

longneck

Member
sppatton said:
She told her that she can have them over any time she wants because she payed the rent.
that is not true. the LL can bar anyone they want from the premesis except for the tenant. have your mom give renter #1 a WRITTEN notice that these people are no longer welcome on the property. if they show up and refuse to leave, she can call the police to have them removed.
Is there anything my mother can do to get this renter out before 30 days since it is affecting her mental health?
nope. but note that the 30 days doesn't take effect until receipt of the WRITTEN notice.
As far as Renter #2, he turned out to be a drunk and just had his 3rd DWI accident on Saturday, so AZ will be providing him with new housing soon.
she should still serve a written termination notice on him anyway.
 

Who's Liable?

Senior Member
As stated before, your Mother needs to give WRITTEN notice to the tenant that their lease is teminated... This is of course assuming that NO written lease was issued or is still in effect...

She needs to do this at the begining of the rental term, on or before the 1st of the month... As it is 10/27, she(mother) needs to give them the notice on or before Nov. 1 if she wants them out Dec.1... IF she gives the letter on or after Nov. 2, she will have to wait until Jan.1 to evict them...

IF she can, have the letter delivered CRRR... This will serve as proof that the letter was sent, additionally, if the tenant refuses to sign for it, under AZ statute, a letter sent CRRR is deemed "deleivered" after the 5th day it was sent...

As stated before, your grandmother can request that people not be allowed to enter the premises, but she must give notice as well...
 

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