questions & answers

Question: I am currently renting a house. Three years ago, I allowed an individual to stay with me until he gets back on his feet. This individual does not pay rent or utilities and is a drug addict. I have two kids, 13 years old and 1 year old and am concerned about their well being. What can I do to evict this person. I have told this person to leave repeatedly, but he has made no effort to leave.

Answer: When there is an agreement that a roommate pays a monthly rent but there is no written lease it is called a “month-to month tenancy.” In this situation, the roommate (“tenant”) must be given a 30-day written notice. If he/she does not move out after the 30 days is up then they are considered a “holdover” and you can request assistance from the court. A.R.S. 33-1375 If your roommate has not paid rent that is due, you have right to provide a 5-day written notice. After the 5-day period, if rent is still not paid, you may request a “special detainer” from the court to have the roommate evicted. A.R.S. 33-1368(B) A person who is not paying rent and is not on the lease is a guest and cannot remain in the home without the permission of either the tenant or the landlord. In this case, either the tenant or the landlord can request law enforcement have the person removed without notice. A.R.S. 33-1378