Can my roommate kick me and my children out?

My roommate signed a document for
the state here in Arizona stating
my children and I are living here
at her apartment until I find
suitable housing for my children
and I witch one of my children are
disabled, there is a dispute about
how I,discipline my children and
she is telling my children and I to
get out. With out giving us a
proper notice or time to find a
shelter, does she have the right to
kick us out without a notice to
move.

Asked on October 24, 2017 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Do you pay rent to the landlord (not your roommate; to the building owner)? If so, your roommate may not kick you out at all; one tenant cannot kick out another. Only the person you pay rent to (your landlord) or their agent/property manager may evict you if you are a rent-paying tenant.
Do you pay rent to your roommate, making you her subtenant? If so, if you have a written lease for a definite time period (e.g. a one year lease), then until the lease expires, you can only be evicted by your roommate if you fail to pay rent, violate the lease, or do certain other fairly obvious things, like damage the property or party/play music unreasonbly late at night, disturbing other residents.
If you pay rent and have either no written lease or a written month-to-month lease, then in addition to the above, you can be evicted on a month's written notice. When you are a month-to-month tenant (which includes having an "oral," or unwritten, agreement or lease), you may be evicted on one month's notice.
If you don't pay rent to anyone, you are the roommate's guest and you can be kicked out at any time, for any reason. A guest can only stay as long as permitted.


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