How Do Parents Evict Their Adult Children in Arizona?
January 24, 2025 | Arizona Law
Telling adult children it’s time to move out is never an easy conversation. But what happens when your adult child refuses to leave? Is it legal to require your child to move out once they turn 18? This article explores the legalities of evicting a family member in Arizona, including the obligations parents have and the steps to take when a grown child won’t leave the house.
While it may feel harsh, some parents find themselves in the difficult position of needing to enforce boundaries with an adult child who refuses to leave. Under most circumstances, parents are legally responsible for supporting their children until they turn 18 or are emancipated. If the child is still in high school when they turn 18, this responsibility typically continues until they graduate.
The more common challenge for parents, however, arises when an adult child remains at home well past the age of 18. Whether they’ve returned home after college, lost a job, or are simply unmotivated to leave, many parents struggle with how to encourage a grown child in their late 20s or older to move out and become independent.
Tenant vs. Guest
The Arizona eviction laws for family members are the same as the eviction laws for anyone living in your home. First, you must determine whether your child is a tenant or a guest.
A tenant is someone who has agreed to or has paid rent to live in your home. Leases do not need to be in writing. Therefore, agreeing to allow your grown child to pay rent to sleep on your couch could qualify as a tenant-landlord relationship. Furthermore, tenants can pay “rent” in other ways, such as agreeing to maintain the yard or performing housework in exchange for living in the home.
A guest is in our home with your permission. You may ask that person to leave at any time. They do not have a lease and are not considered a lawful tenant. Guests who refuse to leave can be lawfully removed from your home. However, law enforcement officers may be unwilling to become involved without a court order, especially if the guest is your child. Police officers may tell you that you must go through the courts to evict your child.
Legal Reasons to Evict a Grown Child From Your Home
There are several steps involved in evicting a grown child from your home. The steps you must take depend on the reason for the eviction. Legal reasons for evicting a grown child in Arizona include:
Your Child Fails to Pay Rent or Violates Lease Terms
If you have an agreement with your child to pay rent, you must give them a 5-day notice when they fail to pay rent. If your child does not pay the missed rent payments within the allotted time, you may file for eviction on the sixth day. However, if your child pays the rent within five days of the notice, you cannot evict them under these grounds.
The same is true if your child violates any terms of their lease agreement. You must give them five days to correct the problem before you can begin eviction proceedings. If the offense does not impact the health of others in the home, you must give your child 10 days to correct the problem before proceeding with an eviction.
Evicting an Adult Child for Illegal Behavior
If your child engages in illegal behavior, you can begin eviction proceedings the same day you give them notice to vacate your home. Illegal behavior includes but is not limited to using/selling illegal drugs, assault, prostitution, and discharging a weapon.
Evicting an Adult Child Without Cause
If your adult child has not violated the terms of the lease, you must abide by the lease terms. You must wait until the lease ends to evict them. If the lease is a month-to-month agreement, you must give them a 30-day notice before requiring them to leave the home.
If you do not have a written lease with your grown child, you may want to consult a Phoenix landlord-tenant attorney about your legal right to evict a grown child from your home. It is a difficult decision with legal consequences if you do not follow the law.
Contact the Arizona Personal Injury Lawyers at Runion Personal Injury Lawyers Today
If you were injured in an accident in Phoenix, AZ, and need legal help, contact our Phoenix personal injury attorneys at Runion Personal Injury Lawyers to schedule a free case review today.
Runion Personal Injury Lawyers
3200 N Central Ave Suite 1100, Phoenix, AZ 85012
(602) 600-9000