Eviction

questions & answers

Question: Can my landlord evict myself or my girlfriend, because my girlfriend has been living with me but is not on the lease, even though the landlord has been aware of it since she moved in 6 months ago?

Answer: If your rental agreement with the landlord specifies that only people whose names appear on the lease may reside in the dwelling, then in principle your landlord may indeed ask a court to evict you on the grounds that you have violated your rental agreement (A.R.S. 33-1368(A)) by having your girlfriend move in with you without the landlord’s permission. However, if your landlord has in fact been aware for 6 months that your girlfriend resides in the dwelling, then a court may wonder why your landlord, who clearly has had what the law calls sufficient “notice” (A.R.S. 33-1313) of your girlfriend’s continued presence, has never previously objected to it. (It could be argued that, by failing to object to your girlfriend’s continued presence, your landlord consented to it.) It is always wise for both landlords and tenants to try to resolve disagreements without going to court, so, if you, your girlfriend, and your landlord would be willing to alter your rental agreement to add your girlfriend as a tenant (keeping in mind how that would impact both your and your girlfriend’s rights and responsibilities), then you may wish to consider that possibility and propose it to your landlord.