Eviction

questions & answers

Question: I was divorced 05/19/16. Part of the settlement was I got the marital home (w/no mortgage). I allowed my ex to stay in the marital home and share household expenses. I now want to sell the house. Do I have to evict him? He homesteads another property and gets no mail at marital residence.

Answer: If a person is (or even just may be) considered a tenant, and no formal rental agreement exists that specifies the terms of the tenancy, then the safest thing for the landlord/owner to do is to provide that person with 30 days’ notice, informing him in a signed and dated letter that the current arrangement will end at least 30 days after the notice is received (as a general rule, ideally at the end of that month, if possible).

QUESTIONS

  • I was divorced 05/19/16. Part of the settlement was I got the marital home (w/no mortgage). I allowed my ex to stay in the marital home and share household expenses. I now want to sell the house. Do I have to evict him? He homesteads another property and gets no mail at marital residence.

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  • State Bar of Arizona
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    Referral number 602-257-4434
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    Referral number 520-623-4625
  • National Domestic Violence Hotline
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