Can my roommate kick me and my children out?

UPDATED: Oct 1, 2022

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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

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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