Last Updated on March 18, 2024 by Kelvin Nielsen
As a tenant in Arizona, you have a right to welcome guests such as friends and family into your home. That said, sometimes there is a thin line between a guest and a tenant. And knowing this can help you prevent a myriad of issues with your landlord.
So, when does a guest become a tenant in Arizona?
Well, here is everything you need to know to ensure you keep in line with the terms of the lease.
What makes someone a tenant in Arizona?
Under Arizona law, a person can only become a tenant if any of the following three things happen. (A.R.S. 33-1310(16)).
- There is an oral agreement.
- There is a written agreement.
- If payment is accepted as rent.
If any of these things have occurred, you automatically acquire certain rights and responsibilities under the statewide landlord-tenant act. You obtain the right, for instance, to a judicious eviction process. The landlord cannot just wake up one day and remove your belongings or lock you out.
In fact, if that were to happen, you’d be able to sue them for illegal eviction.
What is the difference between a guest and a tenant in Arizona?
As already mentioned, a tenant is a person who has been able to meet any of the aforementioned requirements. That is, has an oral- or written agreement, or has paid rent in exchange to live there.
And by doing so, the tenant acquires certain responsibilities, including:
- Paying rent on time.
- Caring for their rented premises.
- Paying for utility bills.
- Preventing and reporting property damage.
- Keeping the property clean and sanitary in accordance with the lease terms.
Guests, on the other hand, are only visitors who stay for a short period. Arizona stipulates that the period a tenant can stay with a guest is a maximum of 29 days. After that, the guest ceases to be a “guest” and becomes a tenant.
There are a few exceptions to this rule, however. Family members and relatives cannot become tenants after the 29 days have lapsed.
Additionally, a guest who is staying in the rental unit for a temporary purpose, such as medical treatment or work, may not be considered to be a tenant if their stay is less than 60 days.
How do you evict a guest in Arizona?
If a guest you’re staying with is no longer welcome and has refused to leave, you can request a law enforcement officer to evict them from your property. (ARS § 33-1378).
However, if the guest has stayed on the property for at least 29 days, then to remove them, you’ll need to follow the state’s tenant eviction process. The following is a basic overview of the process.
- Serve them an eviction notice. To start the process, you’ll need to serve them a 30-Day Notice to Quit.
- If the matter remains unresolved, you’ll need to file an eviction complaint.
- The tenant will then be served and given an opportunity to respond.
- The court will hold a hearing and a judgment will be rendered.
- If the judgment is in your favor, you’ll be issued with a Writ of Restitution.
- The possession of the property will be returned to you.
Generally speaking, you can expect the process to take between one and six weeks. It can also take much longer if the tenant contests it or appeals the judgment.
Frequently Asked Questions (FAQs): When Does a Guest Become a Tenant in Arizona?
Q: What makes someone a tenant in Arizona?
A: Someone becomes a tenant in Arizona if they have an oral- or written agreement, or has paid rent to the landlord in exchange to live there. What’s more, a guest can automatically become a tenant after 29 days of living with the tenant.
Q: When can a landlord evict a tenant in Arizona?
A: The landlord must have a legitimate reason for removal. They cannot just wake up one day and decide to remove you. Legitimate reasons for tenant eviction in Arizona include the following.
- Nonpayment of rent
- Habitability violation
- Illegal activity
- Lease violation
- No lease / end of lease
Conclusion
So, when does a guest become a tenant in Arizona? Well, right after the 29th day of living with a guest! That’s why landlords include a guest clause in the lease agreement to prevent such a situation from arising.
The clause could contain information like: the number of guests that can stay overnight, the maximum length of time a guest can stay, whether guests need to be approved by the landlord in advance, and the consequences of violating a guest policy.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Sources: https://www.azleg.gov/arsDetail/?title=33/#ui-id-21, https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01378.htm,
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Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.
People who are not on a writing lease do not become tenants, people who can’t prove they have an oral lease, must take it to a trial by jury.
33-1310. 17. “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
Hi Joe,
“People who are not on a writing lease do not become tenants, people who can’t prove they have an oral lease, must take it to a trial by jury.”
This is incorrect! Just because you are not on a written lease doesn’t mean you are not a tenant under AZ law. You can become a tenant in Arizona in either of three ways. That is, either by having a signed written document, a verbal agreement, or if a payment is accepted as rent.
“33-1310. 17. “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.”
This is true! However, what you, however, fail to understand is that there are multiple ways to become one, which are all recognized by the law.
Thanks for leaving a comment, Joe. If you have any follow-up questions, please leave them below.
A person who does not pay or agree to pay rent is not a tenant, and there is no law in Arizona to convert a guest in to a tenant.
See A.R.S. 33-1378 Removal of a Guests. A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person’s presence in or on the premises does not constitute residency or tenancy.
Hi Joe,
Thank you for the follow-up question.
“A person who does not pay or agree to pay rent is not a tenant”
Well, this is true, but some exceptions do exist.
“and there is no law in Arizona to convert a guest in to a tenant”
Also true, but it is IMPLIED. In other words, it is suggested but is not directly expressed in law. This is typical in landlord-tenant situations. Other examples would be the implied warranty of quiet enjoyment and the implied warranty of habitability. These hold true even in the absence of a law.
“See A.R.S. 33-1378 Removal of a Guests. A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person’s presence in or on the premises does not constitute residency or tenancy.”
The section of the law you’ve quoted is actually true. However, that will only apply before 28 days. After that, the guest would no longer be a guest but a tenant who enjoys the same rights as the tenant with a lease. And you’d need to go through the state’s tenant eviction process to remove them from the property.
Let us know if you have any more questions.
Kind Regards,
Kelvin Nielsen.
Okay, I will be doing that.
Thanks!
Best of luck!
A person cannot assume to be a tenant if the don’t have a lease or rental agreement, nothing gives them that right not even in a concept.
The fact is in Arizona the Definition of a Tenant is found in A.R.S. 33-1310.17 “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
A person does not gain property rights just by being in someone’s home for any length of time.
A landlord tenant relationship starts with a rental agreement not with the good grace of your brother, sister or friend giving you a free place to crash and they are not subject to giving anyone free support.
Freeloaders don’t have free rides.
Hi there,
Just because someone isn’t aware of their rights doesn’t mean that those rights are non-existent. In other words, a guest may actually become a tenant without their knowledge and without having a written lease, and would acquire the SAME inherent rights as a tenant who has a written agreement with a landlord.
I’m assuming you’re a landlord and can’t exactly wrap your head around the fact that a guest who has been living with your tenant has become aware of their rights under the law. If that’s the case, I’d highly encourage you to hire an expert attorney to handle your specific situation.
Best of luck!
Can a landlord evict a tenant without a reason in Arizona? Is there a thing like “no just” eviction in Az?
No, that would be a wrongful eviction. Here is a guide for you to learn more on what rights you have when it comes to evictions in the state of Arizona. https://landlordtenantresource.com/wrongful-eviction-arizona/
Post is very useful. Thank you for this useful information.
You are welcome!
There is no law in the State of Arizona that converts a guest into a tenant, it cannot even be implied, in order for a rental agreement to be valid there must be an agreement with terms and conditions such as but not limited to
1. The Term of the Lease, How long is it for?
2. The Payment of Rent, how much?
3. When it is due?
3. The rules and regulations must also be stipulated, all of these matter, without them there is no lease or rental agreement.
Its as simple as that if you don’t meet the terms and conditions there is no tenancy.
The only way to get property rights in Arizona is if you either…
1. Purchase the property or
2. Have a rental agreement.
2. If you have a written is the softest way to prove you have property rights.
To prove a verbal lease you will need to request a trial by jury to see if they believe you had a verbal agreement.
There is no law at all that says after a person has been a guest in your home after 29 days or any other amount of time they become a tenant. In fact there is no way to imply it either it must be agreed upon.
Freeloaders don’t get free rides in Arizona.
If you live with a brother or sister and they want you out, You’re Out! Especially if you create a hostile situation.
They can also change the locks and that’s it You’re OUTA there!
You have made quite some valid points here, but others are not quit as informed. I would really encourage you to hire a local attorney to help you sort out any legal mess you have going on with your tenant, as I don’t want to continue this back and forth with you (we’ve been at it for quite some time).