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JulieB · Oct 20, 2006, 04:55 PM

Landlord W rents to tenants A and T. Today W got a call from A saying that she wants help getting someone out of their (rented) house. Co-tenant T told friend R he could live there for a while. A thought it would be just a few days. Now R has been there for weeks, messing up the house, paying for nothing, and making enough noise A can't study for her school work. It was bad enough A even had the inernet connection and cable disconnected in an effort to get him out. R then threatened that he would make A's life miserable.

A called W and asked him to "evict" R. She emailed a standardized form for "Unauthorized occupancy without consent" which W plans to take to the rental house tonight and hand to R. It basically says R has irreparably breached the lease and he has 24 hours to get out or a Special Detainer lawsuit in Arizona justice court will be filed. If he doesn't get out or does damage he's liable for double the rent or damages, and W can take his stuff and store it for 21 days or until payment, then dispose of it. And R is supposed to pay costs and fees.

My question, since R isn't on the lease and W has no intention of signing him onto the lease, does this have any validity? W isn't technically his landlord and R isn't a tenant. He's just a guy who moved into W's house. Does W have any responsibility to take care of R's stuff? Can he just toss it in the street? Can he go over to the house and call the cops and ask them to escort R off his property? Could A toss R's stuff on the sidewalk and call the cops and ask them to escort R off the property? (Obviously it would be better to start by meeting R, shaking his hand, and explaining that he wants to have a max of two adults living there, then politely asking him to leave. I'm assuming this will be done and that R will refuse to leave.)

Ace High · Oct 20, 2006, 05:04 PM

Julie,
Call the cops. Do NOT throw his stuff on the street. The unwanted tenant is a "trespasser". He is not on the lease. The cops will better answer the next steps. But make sure you do not create a problem by throwing his stuff on the street leaving you open to a lawsuit. File your case with the cops. Ace