questions & answers

Question: I have let my mother live in my residence that I owed with my Father, her ex-husband. He has since past. She is always late on the rent and does not take care of the yard, and smokes in the house. I don't have a lease agreement and I want her out of the house. I am cleaning up his estate and acquiring a loan to fix up the place. How can I legally do this to get her out of the house since I have no signed lease agreement. She is either late or short on the rent at least 3 times in the last year.

Answer: A person without a rental agreement is presumed to be a month-to-month tenant and is required to pay monthly rent. If she does not pay as agreed she can be evicted as any other tenant. To evict a person would need to provide a 5 day notice in writing requesting back due rent. If not paid after five days they could commence an 'eviction action' in justice of the peace court. Examples of the relevant forms necessary can be found at the website of the Maricopa County Justice of the Peace Courts.