Legal Question in Family Law in Arizona

unwanted house occupant

My mother has allowed my brother to move into her home.

My brother moved in a girl friend.

Both brother and girl friend are using meth

Mother claims brother wants to put the girl friend out but she claims since she has had her mail being sent to the house for a year she can stay. She pays no bills, does not work and contributes nothing for food or utilities

The girl does have a child living at the house, the father is not the brother.

Does this girl friend have any claim to the house and can she be put out?


Asked on 4/27/07, 10:51 am

1 Answer from Attorneys

Jeanne Whitney Whitney Law Office

Re: unwanted house occupant

Mother needs to ask BOTH to leave, especially if drug use is ongoing. If Mother just wants girlfriend to leave, that�s her choice. It sounds like Mother has already tried the informal approach. I recommend Mother send a written letter to girlfriend telling her she has 5 days to leave and is an unwanted guest. If girlfriend still won�t leave, Mother will have to go to the Justice of the Peace where the house is located and file an eviction action, also called a Forcible Entry & Detainer. There may be a filing fee, but the cost should be worth it. Then ask the court for information on having the Sherriff or a Process Server serving the court papers on the girlfriend, there will be a cost for this, also. If girlfriend is not out by the time the court hearing comes around, the hearings are set pretty quickly; the Judge will order her to leave and will get the Sherriff to remove the girlfriend if necessary. Mother should be prepared to stay on top of the paperwork required by the court. Mother can hire an attorney. I work in southern Arizona, but I may be able to help Mother draft the paperwork for a fee if you are in Maricopa Counties. Good Luck,

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Answered on 4/29/07, 2:15 am


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