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laserlady · Jun 22, 2009, 08:37 PM

My brother moved in with me last August. It was supposed to be just for a couple of months so he could put some money together to move to Colorado. He said he had quit drinking and smoking( which is why I kicked him out several months before this) and he had goals( moving to CO). I fell for it, I wanted to see him get back on his feet after a bad divorce so I let him. Needless to say he's drinking, smoking and selling his RX pain killers to my neighbors! I asked him to move out and he went online and found that in AZ I can't legally kick him out without going through the full eviction process. There is no lease, no agreement in writing of any kind. I was told that as long as his personal belongings are in the house he can't be thrown out. I've considered moving all his stuff to a storage unit and handing him the keys to his new residence, but I.m not sure how legal that is either. How do I get him out of my house without causing legal hassels for myself?

Fr_Chuck · Jun 22, 2009, 08:40 PM

Actually you can't just kick him out in any state that I know of, once he has established residence at the home, you will have to give him notice, and if he still does not move, take him to housing court.

If you move his stuff out, without a court order ( and the marshall service there to supervise) he can sue you for a illegal eviction and you can write him a very large check.

Powellc76 · Jun 22, 2009, 08:46 PM

I have been through almost this exact situation, and it was a hassle, but cheap compared to the alternative, I explained the situation to my landlord and she canceled my current lease and let me switch apartments with a new lease, your brother will become a squatter in an apartment that is vacant and can be removed immediately by the property manager. Then just don't fall for it again!!