Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My roommate moved her stuff out while I was at work. I want to get her off the lease but she refuses to sign the paper. How do I remove her without going to court?

Answer: Assuming that you and your roommate are tenants in a rented dwelling, then the easiest way to avoid going to court would be by contacting and working with your landlord. The specific nature of the rental agreement(s) between you and your roommate and your landlord will determine your options. As a general rule, under the Arizona Residential Landlord and Tenant Act (A.R.S. Title 33 Chapter 10), a tenant will be deemed to have “abandoned” a rented dwelling if the tenant has removed all the tenant’s personal property from the dwelling, has been absent from the dwelling without notifying the landlord for at least five days, and has failed to pay rent that is owed (and is now more than 5 days late) (A.R.S. 33-1370). A landlord who has reason to believe that a tenant has abandoned a rented dwelling is required to send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to the tenant’s last known address and to any of the tenant’s alternate addresses known to the landlord and also to post a notice of abandonment on the door to the dwelling unit or any other conspicuous place on the property for five days. Five days after this notice of abandonment has been both posted and mailed, the landlord may retake the dwelling unit. If you are unsure as to whether the abandonment rule applies to your specific situation and/or if you want advice as to how to you may proceed, you may wish to speak with an attorney. There are links to organizations offering free or low-cost legal services on this website.