Eviction

questions & answers

Question: I own the house my sister and her husband live in. We have no signed rental agreement. He has filed for divorce, but he is being a nuisance to my sister and the kids, and he will not move out. What steps do I need to follow to evict him? Or do I have other recourse? Thank you!

Answer: If you sister and her husband have been paying rent then there is a oral rental agreement. In such a circumstance you could terminate the rental agreement with a 30 day notice and an eviction action if he did not leave afterwards. If his being a "nuisance" rises to level of harrassement your sister could seek an order of protection granting her exclusive use of the residence. She can request this from either a justice of the peace or municipal court.

QUESTIONS

  • I own the house my sister and her husband live in. We have no signed rental agreement. He has filed for divorce, but he is being a nuisance to my sister and the kids, and he will not move out. What steps do I need to follow to evict him? Or do I have other recourse? Thank you!

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  • State Bar of Arizona
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  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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