questions & answers

Question: How can I legally kick out family members? I own home they have been staying with more for over a year. Some occasionally contribute to rent but mostly don't. I have asked severe times in past 6 months to love out now I have given a 2 month telling them by September 1st but doesn't look like ahyones making plans and just freeloading and being lazy and I can't take it anymore Mom brother, sister . How do I legally get them to leave ?

Answer: For assistance with your specific situation, please consult with a licensed attorney.

If the family members are not on the lease and they were not paying rent, they may not have a legal right to live on the property.  

If their names were on the lease or they were paying rent, this issue may fall under the Landlord Tenant Act. If they fall behind on rent or break the terms of the lease the landlord can give the tenant a notice of eviction.  From the time the noticed is received the tenant has 5 days to pay the rent and any late fees (this should have been laid out in your lease or rental agreement) if they’d like to reinstate your agreement.  On the 6th day the landlord will file for an eviction with the court. If the tenant attempts to make payment after the landlord has filed they will have to pay rental fees owed, late fees (as laid out in the agreement), and they will have to pay attorney or court fees for the landlord.  If the landlord wins in court, there will be an eviction judgment and the tenant will likely be given 5 days to move out (if eviction is for failure to pay rent).  

If the tenant has not moved out in the time given the landlord may obtain a Writ of Restitution from the court and may change the locks on the home.  Any belongings left in the home must be held for 21 days by the landlord and the tenant should be given a list of items left and where they are.  If the tenant fails to make a reasonable attempt to get their belongings back after that period of time (21 days), the landlord may sell the property. If the tenants still don’t leave after this, the landlord should give the judgement to local law enforcement to physically remove the tenants.

Read more https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf

For information on filing for eviction and the corresponding forms, visit: http://justicecourts.maricopa.gov/CaseTypes/eviction.aspx