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Caregiver won't leave

Discussion in 'Roomate & Joint Leases' started by azref2627, Mar 24, 2020.

  1. azref2627

    azref2627 Law Topic Starter New Member

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    Jurisdiction:
    Arizona
    My brother let a female age 31 stay in a spare bedroom in my house starting Feb 2. In exchange she was to help with my aunt who has Alzheimer's (food prep and pills). She has continued to leave the door ajar leading to the garage and my aunt will fall if she opens the door.

    I've disabled her access to the house after she said she will only leave after 30 days without doing any help. Can I kick her out and throw her stuff on the street?

    Also she was supposed to get food on the days she prepares meals and as of tonight she said she will no longer be doing that anymore.

    She said she will move out on Apr 30. Do I need her to sign something saying she will?

    Thanks
     
    Last edited: Mar 24, 2020
  2. mightymoose

    mightymoose Moderator

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    You could... But you run the risk of her suing you for an unlawful eviction. You probably don't want that, but it is the risk you take.

    Do you have any kind of contract with this person?
     
  3. azref2627

    azref2627 Law Topic Starter New Member

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    No contract with me. Verbal with my brother who doesn't own the house.

    Also, I just put a new room AC unit in her room. Can I take it out since it's mine?
     
  4. adjusterjack

    adjusterjack Super Moderator

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    I wouldn't. I am unable to determine whether she is a tenant or employee under AZ statutes so you need to be real careful how you handle her.

    I suggest you consult an attorney before you do something that gets you hot water.

    Next time you want help for your aunt, go to a licensed health care agency or put her in a facility where professionals can take care of her needs.
     
  5. azref2627

    azref2627 Law Topic Starter New Member

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    So does refusing not to tend for my aunt allow me to charge FMV rent? If so, can I issue a 5 day notice for failure to pay rent?

    Any help would be appreciated greatly.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Sure, you can charge it and you can issue the pay or quit if she doesn't pay it. It's not likely to work. You can't push her out the door without a court order. You can't suddenly make her a tenant if she wasn't one before.

    You're either going to have to wait until she leaves voluntarily or pay a lawyer to figure out how to handle it.

    You made a bad move (or your brother did) making this arrangement with her with nothing in writing.
     
  7. azref2627

    azref2627 Law Topic Starter New Member

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    We have a verbal month to month contract with a person that started Feb 3 with whom I'm trying to evict. Can I give her a 30 day termination letter today with move out of Apr 24 or does it need to be 30 days from Apr 1 (the start of a fresh month) and have a move out date of Apr 30?

    Also, can I hand deliver the notice? I have a termination letter template which I purchased online that says I can.
     
  8. zddoodah

    zddoodah Well-Known Member

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    It might be helpful if you provided a short explanation as to how your brother had the ability to "let" someone live in your house.

    Depending on how long she has lived there, this could constitute an illegal eviction.

    Nothing in your post indicates you lack these abilities. However, it is unlikely to be legal to do so.

    No.

    Bottom line is that, depending on how long she has been there, this woman may be your tenant. If you want her gone, you need to comply with the eviction laws, and I suggest you confer with a local landlord-tenant attorney.
     
  9. adjusterjack

    adjusterjack Super Moderator

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  10. azref2627

    azref2627 Law Topic Starter New Member

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    Yes.

    Posted here because it is an eviction question.
     
  11. Disabled Vet

    Disabled Vet Active Member

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    Might be hard to get someone out during this time...
     
  12. justblue

    justblue Well-Known Member

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    Please keep all your question on this matter on the one thread, it makes it easier for the volunteers.
     
  13. azref2627

    azref2627 Law Topic Starter New Member

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    Can I give her a 30 day termination letter today with move out of Apr 24 or does it need to be 30 days from Apr 1 (the start of a fresh month) and have a move out date of Apr 30?

    Also, can I hand deliver the notice? I have a termination letter template which I purchased online that says I can.
     
  14. mightymoose

    mightymoose Moderator

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    You may have deliver a notice or post it on the door. Thirty days would be from the date of the notice.
     
  15. azref2627

    azref2627 Law Topic Starter New Member

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    I appreciate all the replies. She has started moving stuff out so it's looking good. I found a Mutual Termination of Tenancy template online. Will this be good to have if she claims illegal eviction down the road?

    Mutual Termination of Tenancy



    Comes now the Landlord, ______________________________________, and the Tenants, __________________________________________________________________

    __________________________________________________, and do hereby agree that the rental agreement for unit _____________, entered into by the parties, for the property located at ___________________________________________________________________________

    ______________________________________________________________, will be mutually terminated, and the tenancy will end by operation of law, with no further notice required by either party at midnight on _______________________.


    The tenants agree to vacate the property on or before the above termination date, and, if they fail to vacate the unit in a timely manner, that eviction proceedings will be started immediately.

    The terms of this notice shall not be changed unless any such changes are in writing and signed by all parties to this agreement.


    Landlord

    By: _________________________

    Agent


    ______________

    Tenant
     
    Last edited: Mar 25, 2020
  16. zddoodah

    zddoodah Well-Known Member

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    Can't hurt.
     
  17. mightymoose

    mightymoose Moderator

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    There isn't anything specific needed. Anything you want to write up that clearly outlines the agreement is sufficient.

    Having already "disabled access to the house" could be a problem for you if she chooses to take some actin against you, however she may lack the means/know-how and the courts are getting more backed up by the day.

    Play nice and help her to get out as quickly and peacefully as possible. Be sure to collect any keys when she voluntarily leaves for the last time.
     
    Last edited: Mar 25, 2020
  18. army judge

    army judge Super Moderator

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  19. adjusterjack

    adjusterjack Super Moderator

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    But rekey your locks just the same. She might have made copies. Home Depot does it for a few bucks.

    It's still the same topic so don't open up any new threads. Keep everything to this one. Responders can look at the link for background.
     

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