Am I considered a resident?

[NeedaWeek]

My girlfriend and I are splitting up and I'll be leaving in a week from today. She is being vindictive and yesterday she "served" me with a handwritten note that said "This will serve as notice to you that I want you to vacate my home by the 21st at five p.m." signed and dated. I would love to leave asap but unfortunatley I need the following weeks pay to make the trip. I tried talking to her but she refuses to speak (she is staying w/ a friend atm). I live in AZ, am not on the lease (other than being shown as living there) and from what I have been able to gather, do I not have legal residence and she is required to go through the eviction process? No bills are in my name but I have given her money to pay them. I have lived here with her for over a year and for a year at another apt and of course this is my mailing address.... so what will I be up against when I come home tomorrow? I just need the extra 7 days and really have no friends to stay with in the interim, do I have any rights? Thanks in advance for your reply.

[mobrien316]

You will need to check Arizona laws, but in Connecticut the general test (used by responding patrol officers, and generally about 99.99% accurate) is if you get your mail there, then you live there. If you live there then the landlord must go through the eviction process at court to get you to leave.

However, if your ex-girlfriend wants you gone, you should go. There is no telling what sort of mischief she might decide to stir up if you refuse to leave. It is generally not worth it, even though from your description it seems like you don't have to leave. But you probably should.

[PapaBear]

It is a civil case, not criminal. In short, if you were in CA, her hand written note is not a legal document for eviction. She must obtain an eviction notice at the local court - if she is the landlord. If she is a renter, such as yourself, she has to file civil papers to get you to move and that could take some time.

It is best to be as compliant with her as possible because it could lead to a domestic violence complaint; and, you seriously do not want to become a party to one of those! Somehow, someone always goes to jail.

[NeedaWeek]

Thanks for the replies, I forgot to ask if I do find somewhere else to stay do I still have the right to come pack up my belongings at the end of the week and do I have any protection if she changes the locks...I really need to get in and ship my things. thanks again for the help!

[retdetsgt]

Again, this is a civil matter, not criminal. If you think there might be a problem, you can call the police and they will "stand by" while you get your stuff if you don't take too long. They won't wait while you load up a van or something, but if you want to get clothes, etc., they will probably help. The best thing is to move it to a storage unit before hand and ship it from there. If she refuses to let you back in, you'll have to hire a lawyer, etc. The police won't help you.

But as others have said, just get the hell out. She doesn't want you there and it will only go downhill quick. It's not worth it.

Remember when you thought she was the cutest and sweetest thing in the world????

[L-1]

You will find Arizona's Residential Landlord and Tenant act here http://www.azsos.gov/public_services...esidential.pdf

Section 33-1310 says that "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

Section 33-1375B says the Landlord may terminate a tenancy upon giving thirty days notice.

Given that your name is on the lease as someone who is authorized to live there, you will need to determine if that qualifies you as a tenant. You will also need to determine who qualifies as the landlord in this instance - your girlfriend or the real landlord.

If you want to play hardball you may want to look into leaving her a note saying her notice to terminate tenancy is inadequate under Arizona law. But in reality and as the others have said, it would probably avoid a lot of problems if you just got your stuff and left, even if you had to put it in temporary storage. If you get out now but leave your stuff and she changes the locks, you will have a hard time getting back in to later remove your property because it is a civil matter.