Arizona Roommate Eviction Laws—Here's What to Know
If you are wanting to get rid of that person who is eating your food, laying on your couch, and being an annoyance, you need to be aware of the. The Arizona Residential Landlord and Tenant Act offers legal details on how to evict your roommate and when you can do it. You must begin by defining a roommate and distinguishing the differences between a tenant and a guest.
Because evicting a roommate can be confusing and time-consuming, DoNotPay offers a landlord protection product that can help you as a tenant, not only evict a roommate, but also file a complaint against your landlord, get your security deposit returned, or make sure that your landlord maintains your rental unit in a safe and habitable manner.
What Is the Difference Between a Tenant and a Guest?
In Arizona, a tenant is defined as:
- Any person who has paid or has agreed to pay rent to live somewhere.
- A tenant does not necessarily need to be on a lease or rental agreement.
- If a person has agreed to pay rent to stay with you, they can be considered a tenant even if they only live in a part of the house, or are simply sleeping on your couch.
- Agreeing to pay rent does not always mean they agree to pay dollars for living there. They may have agreed to do home repairs, bartering items or services for rental payments, or offering any services or items instead of paying monetarily.
- If a person offers to pay but never does, they could still be considered a tenant.
If you have a guest who is not considered a tenant, you can still evict them. states: "A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant, and that person's presence in or on the premises does not constitute residency or tenancy.
- This person (guest) may be removed by a law enforcement officer at the request of the tenant or landlord.
- If there is domestic violence involved, you can file an order of protection in addition to having the guest removed.
- You can also file a Notice to Vacate, the same way you may evict a roommate who is also a tenant.
What Are the Most Common Reasons to Evict a Roommate?
Roommates come in many forms. They may be your significant other, best friend, relative, or a stranger that answers an ad that you placed. Since there can be such a wide difference in the types of relationships you have with your roommate, the reasons for evicting a roommate can be different as well.
|Non-payment of rent and/or utilities.||This is probably the most common reason for asking a roommate to leave. Even if your roommate is not on your lease, failure to pay their portion of the agreed-upon rent can incur late charges from your landlord and hardship on you or other roommates.|
|Criminal activity.||Conducting illegal business within the residence, use of drugs and controlled substances, theft, prostitution, and other illegal activities can be grounds for eviction.|
|Lease violations.||If your roommate is damaging property or violating your lease in any way, even if they are not on the lease, are grounds for eviction.|
|Violence and threatening behavior||If your roommate has exhibited violent or threatening behavior toward you or another roommate or tenant, not only can they be evicted, but they can also face criminal charges.|
How Do I Evict My Roommate on My Own?
If your roommate has violated any of the above violations, you can try discussing the issues with them first. If that doesn't work, you need to serve your roommate with a formal notice to vacate. This should contain the following information:
- Name and address of the roommate
- In Arizona, they have five days to cure the violation. Be clear about what they must do.
- State that a formal eviction notice will be filed if the violation is not cured in the time allotted or if the roommate does not move out first.
- Dated and signed by you and any other roommates, instigating the eviction.
- Deliver personally, or mail via certified mail.
If the violations are not cured or the roommate has not moved out, the next step will be to file an eviction order with the court. Once the court orders an eviction, law enforcement will remove the roommate from the premises.
What If My Roommate Doesn't Move After His/Her Lease Ends?
If your roommate continues to stay in your property after his/her lease has ended, and has not arranged for a renewal, you can issue a formal written notice. The table below shows when you can issue a notice to move:
|Week-to-week||10-day notice to quit|
|Month-to-month||30-day notice to quit|
|Fixed term||You are not obliged to remind your roommate (the tenant), unless stated in the lease|
What if I Cannot Do This on My Own?
If the process seems too time-consuming or complicated, DoNotPay can help! DoNotPay makes it easy and quick to use or Landlord Protection product, that not only can help you evict a problem roommate but can also help get your security deposit back and how long before you get the deposit back, file a complaint against your landlord, teach you what to do when your landlord threatens to evict you or make demands for repairs to keep your unit safe and healthy. And DoNotPay does this in four easy steps, making it fast and easy to complete!
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your landlord directly once your demands are sent.
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