Can I Stay in My Partner’s Home Without a Written Contract?

In short, you likely have no ownership rights, but after 11 years in the home you may have rights as a tenant. Her children generally can’t walk in whenever they want or remove you without going through the court.

Do I Have Any Rights to Stay in the Home?

Arizona doesn’t recognize common-law marriage, and if you aren’t on the deed, you probably have no ownership rights. But you may still have rights as a tenant, even without a written lease, through a month-to-month tenancy.

A month-to-month tenancy is a rental arrangement with no fixed end date. It renews automatically each month until one side ends it with proper written notice. In Arizona, a landlord-tenant relationship doesn’t have to be in writing. A verbal agreement to live in a home in exchange for rent, or for something else of value, can be enough.

After 11 years in the home with the owner’s permission, a court could view you as more than a casual guest. Guests can generally be asked to leave on short notice, while tenants are entitled to formal notice and a court process. Which one you are depends on the facts.

You might be a tenant if:

• You paid rent, even informally or in irregular amounts.

• You paid utilities, property taxes, insurance, or repairs.

• You made improvements to the home with the owner’s approval.

• You received mail at the address and listed it on your ID, tax records, or bank accounts.

• Her family, friends, or neighbors knew you lived there with her permission.

• There are texts, emails, or messages showing the arrangement.

You may be considered a guest if:

• You never paid rent or contributed to household costs.

• The arrangement was based on the relationship alone, with no discussion of payment.

Even in that case, living there under an agreement with the owner may still give you some protection. Arizona generally requires a court process to remove someone who lived under such an agreement, rather than letting the owner simply change the locks.

What Would Her Children Have to Do to Make Me Leave?

Courts generally don’t allow self-help evictions, which means locking someone out or removing belongings without a court order. They would typically need to:

1. Give you written notice (usually 30 days for a month-to-month tenancy).

2. File an eviction case in court if you stay.

3. Win a court judgment before you can be required to leave.

Can They Enter the Home Whenever They Want?

No. Landlords in Arizona generally must give reasonable notice (typically two days) before entering, except in emergencies. Her children, acting as the owner’s agents, would likely have to follow the same rules. Their authority is limited to what the power of attorney grants, and they must use her money and property only for her benefit.

What Should I Do Now?

1. Gather proof of your arrangement: texts, bank records, shared bills, and anything showing how long you’ve lived there.

2. Talk to an attorney, or a free legal aid group such as Community Legal Services.

3. Contact your local Area Agency on Aging, which may be able to point you to help.

4. Don’t move out or sign anything until you’ve gotten advice.