Written by attorney Carlton C Casler

Eviction of a person renting a room out of your personal home (updated 03/18/2020)

Do the same actions required for eviction of a tenant apply if the tenant is renting a room out of your own personal home? Yes, with one exception. The Arizona Residential Landlord and Tenant Act applies "to the rental of dwelling units." Your house is a dwelling unit and, therefore, the Act applies to you and your house, which means that all the requirements of the Act apply to any tenant renting a room. In the case of a person renting a room and having access to common areas (i.e., kitchen, bathroom, living room, etc.), the Act refers to that tenant as a "roomer" (see ARS Sec. 33-1310(13):

" 'Roomer' means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, or either a bath or shower, and in the case of a kitchen means refrigerator, stove or sink."

The only distinction in the Act between a roomer and a tenant appears in ARS Sec. 33-1314(D):

“Unless the rental agreement fixes a definite term, the tenancy shall be week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month."

There are no other distinctions. Therefore, you must treat the roomer as you would any other tenant, with the sole exception being that if the roomer pays rent weekly and you wish to terminate the roomer’s week-to-week tenancy, then you only have to give ten days notice (see ARS Section 33-1375(A)), rather than thirty days notice (see ARS Section 33-1375(B)).

Additional resources provided by the author

1. The Arizona Residential Landlord and Tenant Act 2. The Arizona Landlord's Deskbook

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