What is the name of your state? Arizona
I am posting on behalf of a friend who is in a difficult situation at the moment, I have been asked to assist her in obtaining information regarding her situation.
The home was purchased 8 months ago, and allowed a friend (Guest) to move in with her (Owner) at the time. Guest and her family have been living in Owners home rent free for the entire time. Absolutely no living expenses have been paid by the "guest". I have read the landlord tenant act and I feel this guest does not fit the description of a tenant or roomer, as there has never been a written or verbal agreement to pay for the dwelling. However the owner contacted the local police and was told any time you allow someone to live in your home you become a Landlord. Is this true? Technically (my understanding is) the owner can not even file a 10 detainer with the court to evict guest as there is no rental agreement, or set terms. "There was no agreement to pay rent" So as a "guest" does the owner have grounds to tell the guest to leave at any time? Or will the guest fall under a certain exception as she has lived there for several months? Recently the owner of the property presented the guest with a letter prepared by the owners realitor, explaining that she (guest) had five days to vacate the property as the home was being prepared for sale. The realtor included statutes from the landlord tenant act in this notice, and fears that in doing so she (owner) is stateing there was a rental agreement. (Which there was NONE) Is the letter insignificant due to the fact there was no agreement or is she (Owner) legally bound to follow Landlord Tenant laws in addition to the five days she (owner) allowed her guest? (because of this letter or notice?) Thank you for any feedback in this matter it is grately appreciated!
I am posting on behalf of a friend who is in a difficult situation at the moment, I have been asked to assist her in obtaining information regarding her situation.
The home was purchased 8 months ago, and allowed a friend (Guest) to move in with her (Owner) at the time. Guest and her family have been living in Owners home rent free for the entire time. Absolutely no living expenses have been paid by the "guest". I have read the landlord tenant act and I feel this guest does not fit the description of a tenant or roomer, as there has never been a written or verbal agreement to pay for the dwelling. However the owner contacted the local police and was told any time you allow someone to live in your home you become a Landlord. Is this true? Technically (my understanding is) the owner can not even file a 10 detainer with the court to evict guest as there is no rental agreement, or set terms. "There was no agreement to pay rent" So as a "guest" does the owner have grounds to tell the guest to leave at any time? Or will the guest fall under a certain exception as she has lived there for several months? Recently the owner of the property presented the guest with a letter prepared by the owners realitor, explaining that she (guest) had five days to vacate the property as the home was being prepared for sale. The realtor included statutes from the landlord tenant act in this notice, and fears that in doing so she (owner) is stateing there was a rental agreement. (Which there was NONE) Is the letter insignificant due to the fact there was no agreement or is she (Owner) legally bound to follow Landlord Tenant laws in addition to the five days she (owner) allowed her guest? (because of this letter or notice?) Thank you for any feedback in this matter it is grately appreciated!