Can the heir of the house I live in have the police throw me out?

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Can the heir of the house I live in have the police throw me out?

The original owner of the house I have been renting a room in passed away 2 weeks ago. Now her son who inherited the house says if I’m not out in 2 days he will have the cops make me leave. Can he do that?

Asked on July 29, 2019 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) The police will not remove you--this is not a police matter, since you are not a trespasser--and he cannot in any event have you removed in two days.
2) If you have a written lease for a definite period of time (like a one-year lease), he cannot remove you until the lease is up. But he does not need to renew the lease, and can require you to leave when it expires. If you do not, he can evict you by bringing the proper legal (eviction or summary disposses) action in court, after which a sheriff or constable will remove you on the court's order.
3) If you have either an oral (unwritten) lease, which is always month-to-month, or a written month-to-month lease, he can give you a month's notice terminating your tenancy; if you don't leave then, he can evict you.
So while he cannot have your removed on two days notice, you will not be able to stay there indefinitely: at some point, ranging from a month to when your written lease (if you have one) expires, he can evict you. So you should start looking for a new place to live and see if you and he can't agree to a time frame.


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