Eviction

questions & answers

Question: My granddaughter and her boyfriend moved into my house after she had her baby they broke up and my granddaughter moved back in with her parents but the exboyfriend refuses to leave my house What do I do??

Answer: I always recommend consulting the Arizona Residential Landlord Tenant act found here: https://housing.az.gov/sites/default/files/documents/files/AZ%20Residential%20Landlord%20and%20Tenant%20Act%20-%20Revised%20July%203%202015.pdf In this particular situation, if there is no written lease, a week to week tenancy (paying every week) is terminable by giving ten days written notice before termination, a month-to-month tenancy is terminable by giving written notice 30 days before the end of any rental period (usually a month). This is all under A.R.S. 33-1375 which you can find at the link above. It further provides: C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession. . . . Meaning you can sue him if you give him notice, the notice deadline passes, and he does not move out. You would proceed to sue him by getting an eviction packet from your local justice court. You can find your justice court by entering your address at this website: http://recorder.maricopa.gov/pollingplace/getdistrict.aspx Go there physically and ask for an eviction packet. You will need a copy of your deed or something to prove you own the house, you will need to keep a copy of the notice you gave him to show to the court, you will need to pay a filing fee and file the case. They will give you a case number, and you will need to have the case documents served on him by a process server or the sheriff's office. The Justice Court staff may be able to guide you here. The court will set a hearing date, you will attend the hearing date, if he doesn't show up you win, if he shows up and contests it, you may have a trial where you have to prove that you have the right to evict him. You should have the right to evict him unless he has a written lease that allows for him to stay for a specified period of time that has not expired. Please note that I am providing general information and guidance based on the limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is hereby created. I wish you the best.