QUESTION

Does she have to leave her home?

Asked on Dec 07th, 2015 on Domestic Violence - Arizona
More details to this question:
I was attacked at my sister's place by her roommate. He does not own the house, his mom does, but she does not live here and is only visiting. My sister has only lived there for a month and during the legal proceedings he is not allowed contact with any of the witnesses or me the victim, so he hasn't been home. Can his mom kick her out suddenly?
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1 ANSWER

If there is a written lease that includes your daughter, she needs to pursue the rights she has under that agreement and Arizona landlord tenant law.  If there is no agreement, she may still have rights under the Arizona landlord tenant law and a 30 day eviction notice may be required to legally remove your daughter.  If there is no landlord/tenant relationship that has been legally established, then the owner could lock your daughter out.  Due to the domestic violence, however, is your daughter safer elsewhere?  Even if she is subject to a written lease or oral lease, Arizona landlord tenant law has provisions that let her break the lease with minimal penalties.  If the homeowner does not know the law or wants to deliberately ignore the law,  she might change the locks and now your daughter has to figure out how she will get her belongings and where she will reside.  She could use civil court to get belongings returned, but that takes time.  My firm handles domestic violence, landlord tenant, and civil matters related to a couple separating.    Marie Zawtocki, Attorney at Law 480-655-0733
Answered on Dec 14th, 2015 at 2:23 PM

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