questions & answers

Question: I allowed my daughter's boyfriend to move in to my home. He is not on the lease but has been for over a year. We originally had a verbal agreement where he would pay rent and do chores for the short time he was staying there. He did not do that. In April 2018 we created roommate agreement that stated how much everyone was to pay and we all signed. He has not paid according to the agreement. I have asked him to leave. He says he has 30 days per the agreement that he has not honored but I want him out max 2 weeks. Do I have to give him written notice or the 30 days? TY

Answer: There is no one-size-fits-all answer to the question of how a landlord may remove a tenant. Any month-to-month rental agreement may be terminated by either party with 30 days’ notice (A.R.S. 33-1375). That is the easiest method. If a rental agreement exists and the tenant is late in paying rent, then, in theory, the landlord may give the tenant a 5-day pay or quit notice then (if the rent remains unpaid more than 5 days after the notice is delivered) seek the tenant’s eviction by filing an eviction complaint with the court then serving it on the tenant (A.R.S. 33-1368(B)).