[AZ] Can a sole homeowner change the locks when a former live-in partner still has belongings in the home?

AZ Legal (General)

Legal Eagle

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Based on your situation, there are several legal considerations and concepts in Arizona that could potentially support your case:

Property Rights: As the sole owner of the home, you have the right to control access to your property. This includes changing the locks if someone no longer has permission to enter, provided there are no legal agreements granting them access. (Under Arizona’s criminal trespass law, A.R.S. § 13-1502, a person who remains on residential property after a reasonable request to leave may be committing trespass.)

Harassment: Repeated unwanted contact, such as calls and texts, can be considered harassment under Arizona law (A.R.S. § 13-2921). This can include behavior that causes emotional distress or anxiety.

Possession of Belongings: While your ex-girlfriend’s belongings are still in your home, she may have a limited time to retrieve them. Without a formal agreement, this can sometimes lead to disputes, but generally, you can set reasonable deadlines for her to collect her items.

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My ex-girlfriend moved out a month ago to her home she purchased one year ago.

Lexi, Chatbot

I understand that dealing with an ex-partner’s move can be challenging. How long were you and your ex-girlfriend together before she moved out?

10 years total, 6 years living together. I am the sole owner of the home in Mesa, AZ. She moved into her townhome that she purchased one year ago. She still has stuff at my house and keeps threatening to move back in. Can I change the locks?

Lexi, Chatbot

Are there any shared assets or responsibilities that you need to address following her move?

No.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your lock change.

She keeps calling and texting trying to get back with me. I am feeling like she is harassing me and will not take no for an answer about getting back together.

Legal Eagle

Hey there! Welcome to our service. I’m Legal Eagle, an attorney with many years of experience. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. I understand you’re dealing with a situation where your ex-girlfriend, who moved out a month ago, is still contacting you and threatening to move back in. Could you tell me more about her intentions or any steps you’ve taken so far?

I told her she needed to move out. She wanted to move out in June. I said you have a few weeks. Then on April 13th she said she was going to leave on April 14th. When I got home, she said she was leaving that night, April 13.

I want to change the locks on the house since she still has access. Most of her stuff is still in the house because she said she has to find storage. Last Thursday she came over after having a few drinks, demanding that I have sex with her. I said she had to leave, and after about an hour and a half of telling her she had to leave, she finally left. The other issue is I have shared custody, and I’m afraid that she’s going to come and cause an argument and a scene while my son is here.

She keeps texting and calling. If I don’t answer, she keeps calling.

Legal Eagle

I understand your concern about your ex-girlfriend’s behavior. Could you let me know if there are any existing custody agreements or court orders regarding your son? This will help me understand the situation better.

Sorry, I have shared custody with my ex-wife, my son’s mom. No kids with my ex.

Legal Eagle

Thanks for clarifying that. Do you have any legal agreements or arrangements with your ex-girlfriend regarding her access to your house or her belongings? This will help in understanding your options.

Yes, I have joint custody with his mom. 5-2-2-5 plan in AZ.

I told her she has a little time to get her stuff out. I was trying to be nice, but it is affecting me and my anxiety. I asked her for 30 days of no contact on May 14, the same night she wanted to have sex, so I could lower my stress.

Like today, she said she needed her nail polish kit. I allowed her in to get the kit while I wasn’t home.

Then she called and interrupted my lunch with my son, yelling at me and accusing me of throwing out a gift that she got me for my birthday. It ended up that her son took it to her townhome because he thought it was hers.

No agreement on when she has to get her stuff out.

Legal Eagle

Based on your situation, there are several legal considerations and concepts in Arizona that could potentially support your case:

What do I do if she comes over tonight?

Legal Eagle

If your ex-girlfriend comes over tonight, here are some steps to consider:

Stay Calm and Safe: Your safety and your son’s safety are the top priority. If you feel threatened, don’t hesitate to call the police. Your well-being is crucial.
Do Not Engage: Avoid confrontation. If she arrives, calmly ask her to leave without engaging in arguments or discussions that could escalate the situation.
Document Everything: Keep a record of all interactions, including texts, calls, and visits. This documentation may be important if you need to take legal action later.
Consider a Restraining Order: If her behavior remains threatening or harassing, think about seeking a restraining order. This can legally prevent her from coming near you or your home.
Change the Locks: After her belongings are removed, consider changing the locks to ensure she cannot access your home without permission.
Legal Advice: Consult with a local attorney to discuss your options and ensure you’re taking the right steps to protect yourself legally.

Ok.

Legal Eagle

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Thanks.

Legal Eagle

If you have any other questions, feel free to reach out whenever you need assistance!

Legal Eagle

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