questions & answers

Question: I have a man in my home that was my boyfriend although there has not been a relationship for over two months. There is no lease or contract, he does not pay rent, he has stopped working and verbally abuses me and my children to the point my children are staying elsewhere. He refuses to leave so how can I get him out now?

Answer: The following is provided for general information only. To find out how the law applies to a specific situation, please contact an attorney directly. The process of removing an individual from rented premises is governed by the Arizona Residential Landlord and Tenant Act . ARS 33-341  D and E provides that “when a tenancy is for a certain period under verbal or written agreement, and the time expires, the tenant shall surrender possession. Notice to quit or demand of possession is not then necessary. A tenant who holds possession of property against the will of the landlord, except as provided in this section, shall not be considered a tenant at sufferance or at will.” In addition, According to ARS 12-1178, the individual entitled to possession of the premises may have an individual and their possessions removed from the property by obtaining a Writ of Restitution, even though the parties have not signed a formal lease or contract. Upon execution of the Writ of Restitution, the constable may remove all occupants and possessions according to ARS 33-1368. To obtain a Writ of Restitution, please visit the local courthouse or the court website for the applicable county. If there is evidence of domestic violence, an Order of Protection may be obtained, according to ARS 13-3602, by filing a verified petition with a magistrate, justice of the peace or superior court judge. The Judicial Officer will either grant or deny the order. If the order is granted, then it will be served on the defendant or respondent. For more information about domestic violence, please read the Domestic Violence Survivor’s Guide which can be found at AZLawHelp.org.