Legal Question in Real Estate Law in Arizona

I am 61 years old and on 100% social security disability. I am the sole person on the lease of the home I rent. I share this home with my sister and her 48 year old deadbeat son. He is causing a great deal of grief to me and I want to know if I can serve him a 30-day eviction notice and then have the sherriff's dept. remove him when he is still here after 30 days. The lease is in my name only, the elect. the gas, and city water and sewer also. The only thing not in my name is the telephone and TV which are in my sisters name. Your help would be most appreciated and thank you----Joe S.


Asked on 10/18/10, 7:23 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

You do not say if the son is paying any rent, which may have an effect of his rights. I suggest that you go to any court, Justice or Municipal, and ask for an order of protection against him from the harrassment you are getting. I don't know if it rises to the level of domestic violence or elder abuse. Once the judge gives you an order of protection, it must be legally served on the son, at which time he must vacate the premises, and if he does not, you can call the police to enforce the order of protection. He can ask for a hearing on the order but that will take several days and he may just go away without further action. It would be helpful if your sister would testify on your behalf.

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Answered on 10/24/10, 11:02 am


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