How to Evict a Roommate in Arizona (and Other Household Situations)
What Arizona law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Under the Arizona Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and a rental agreement can be written, oral or implied by law. A roommate who is not on the lease may still be a tenant if they have an agreement (even an oral one) with the owner, or a subtenant if they rent from the leaseholder; otherwise they may be only a guest. Which applies depends on the facts. A.R.S. § 33-1310(13), (17)
| Roommate not on the lease | Under the Arizona Residential Landlord and Tenant Act, a 'tenant' is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others, and a rental agreement can be written, oral or implied by law. A roommate who is not on the lease may still be a tenant if they have an agreement (even an oral one) with the owner, or a subtenant if they rent from the leaseholder; otherwise they may be only a guest. Which applies depends on the facts. Re-verified 2026-10-27. Source: A.R.S. § 33-1310(13), (17) |
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| Removing a roommate or subtenant | A tenant who rents to a roommate is a 'sublessor', which the Act treats as a 'landlord' of that roommate. The leaseholder must therefore follow the Act's notice rules and, if the roommate does not leave, file a court eviction (special or forcible detainer) action rather than locking the roommate out. Subletting may also require the landlord's consent under the main lease. Re-verified 2026-10-27. Source: A.R.S. §§ 33-1310(7), 12-1173(C) |
| Guests who won't leave | No statute sets when a guest becomes a tenant. An owner may use an expedited forcible detainer action against an unauthorized person who refuses to leave after a reasonable request only if, among other conditions, the person is not a current or former tenant, had no prior verbal or written agreement to live with the owner, is not an immediate family member, and no other lawsuit is pending between them. A writ of restitution issues immediately after judgment in that action. A guest who was allowed to move in under an agreement to live together falls outside the expedited process. Re-verified 2026-10-27. Source: A.R.S. § 12-1173(A)(3)(b), (B) |
| Removing a family member or partner | An immediate family member of the owner, or a person who had a prior verbal or written agreement to live with the owner, cannot be removed through Arizona's expedited unauthorized-occupant process. Removing such a person generally requires a court action; the owner should give a written demand for possession first. The statute does not define 'immediate family member.' Where there is abuse, protective-order remedies may also be available. Re-verified 2026-10-27. |
| Renting a room in your own home (lodgers) | No special statute for a lodger in the owner's home. The Act's list of excluded arrangements does not include renting a room in an owner-occupied home, so a person renting a room generally has the Act's protections. The Act defines a 'roomer' as a person occupying a unit that lacks a major bathroom or kitchen facility shared with other units. Whether a particular room arrangement is covered depends on the facts. Re-verified 2026-10-27. Source: A.R.S. §§ 33-1308, 33-1310(14) |
| Tenancy at will | Arizona statutes do not define a tenancy at will. A tenant at will or by sufferance who keeps possession after the tenancy has been ended, or after receiving the landlord's written demand for possession, commits forcible detainer and can be removed by a court action. Month-to-month tenancies need 30 days' written notice under A.R.S. § 33-1375. Re-verified and corrected 2026-10-27. Source: A.R.S. § 12-1173(A)(1) |
| Hotel and extended-stay guests | Transient occupancy in a hotel, motel or recreational lodging is excluded from the Residential Landlord and Tenant Act, unless the arrangement was created to avoid the Act. No statute sets a fixed number of days after which a hotel guest becomes a tenant. A longer, residence-like stay may be found not 'transient' depending on the facts. Re-verified 2026-10-27. Source: A.R.S. § 33-1308(4) |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.