Eviction

questions & answers

Question: What process do I need to do to evict a roommate who lives with me and is not on the lease. He is not behind on rent, is gone crazy thinking there are spirits in the house and thinks I have died. Again I am the only one on the lease. Thank you

Answer: Since you are the only person on the lease, you are the only one legally responsible for paying the lease each month. Since your roommate is not on the lease, he or she is technically not a “tenant” and is not protected under the landlord tenant act, which would making it illegal for you to kick him or her out simply due to the two of you not getting along. As you are the primary leaseholder, it is within your rights to simply ask your roommate to leave, especially if you are worried for your safety. If your roommate insists on staying, you could call the police and report him or her for trespassing. If this does still not solve the problem, you could look into filing a forcible detainer action, which is a formal way of filing a complaint or evicting an unwanted tenant from your place of residence. Please click here for more information of forcible detainers/special detainers in Maricopa County; this link provides the form itself, as well as instructions on how to complete and file the action in Justice Court.

QUESTIONS

  • What process do I need to do to evict a roommate who lives with me and is not on the lease. He is not behind on rent, is gone crazy thinking there are spirits in the house and thinks I have died. Again I am the only one on the lease. Thank you

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