Can the heir of the house I live in have the police throw me out?

UPDATED: Jul 29, 2019

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Can the heir of the house I live in have the police throw me out?

The original owner of the house I have been renting a room in passed away 2 weeks ago. Now her son who inherited the house says if I’m not out in 2 days he will have the cops make me leave. Can he do that?

Asked on July 29, 2019 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) The police will not remove you--this is not a police matter, since you are not a trespasser--and he cannot in any event have you removed in two days.
2) If you have a written lease for a definite period of time (like a one-year lease), he cannot remove you until the lease is up. But he does not need to renew the lease, and can require you to leave when it expires. If you do not, he can evict you by bringing the proper legal (eviction or summary disposses) action in court, after which a sheriff or constable will remove you on the court's order.
3) If you have either an oral (unwritten) lease, which is always month-to-month, or a written month-to-month lease, he can give you a month's notice terminating your tenancy; if you don't leave then, he can evict you.
So while he cannot have your removed on two days notice, you will not be able to stay there indefinitely: at some point, ranging from a month to when your written lease (if you have one) expires, he can evict you. So you should start looking for a new place to live and see if you and he can't agree to a time frame.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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