You let a friend stay for "a few weeks." You let a family member crash while they "got back on their feet." Now, they won’t leave, they aren't paying rent, and they’ve changed the locks.
When you called the Phoenix Police, they likely told you the same phrase every landlord dreads: "It’s a civil matter. You have to evict them."
They are often wrong. But unless you know exactly which Arizona statute to quote, you are stuck in a 3-month eviction nightmare.
The Loophole: A.R.S. § 33-1378
Most people (including many patrol officers) assume that anyone sleeping in a house is a "tenant" with full rights. However, Arizona Revised Statute § 33-1378 explicitly creates a distinction between a "Tenant" and a "Guest."
"A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant ... A person who knowingly remains on the premises without the permission of the tenant or the landlord may be removed by a law enforcement officer."
Why Police Still Won't Help You
If the law is so clear, why won’t the police arrest them for trespassing? Because of liability. If the officer kicks out a legal tenant by mistake, the department gets sued. It is safer for the police to do nothing.
Sell your house with the problem tenant inside.
IMPORTANT LEGAL DISCLAIMER:
Homebound Offers is a real estate investment company. We are principal buyers, not attorneys, financial advisors, or licensed real estate agents. The information presented in this article is for educational purposes only and does not constitute legal, financial, or tax advice.
Real estate laws, including eviction, probate, and foreclosure statutes, vary by location and are subject to judicial interpretation. Every property situation is unique. The next step for any legal action should always be to contact a qualified attorney to review your specific circumstances. If you need a referral to a local professional, we may be able to provide a list of independent contacts.