Can I evict my roommate who IS NOT on the lease and new this was a temporary situation to begin with?

Asked over 5 years ago - Phoenix, AZ

I have a roommate who needed a place to stay while he got on his feet. He said he was trying to get a job and go back to school. This was in November of last year and now its almost April. All he has done in this amount of time is play video games and eat my food. He never got back in school and he has not gotten a job. His mother has given him money from time to time and he gives me a little but its nothing to say he is paying rent. What would I need to do to get him removed?

I get married on April 4th and I advised him verbally last week that he was going to need to find a new place to live. He completely ignored me and has not made any effort to leave. Can he says hes being victimized? What are my options?

Attorney answers (1)

  1. Daniel J Marco

    Pro

    Contributor Level 11

    Answered . There are attorneys who specialize in landlord tenant disputes and you may want to confer with one of them before you do anything but, having made that disclaimer, since he is not on the lease, it seems to me that you are his landlord. You can evict him by giving a five day notice to get out (see http://www.supreme.state.az.us/info/brochures/e...) and then take him to court and have him formally evicted. Grounds? Non-payment of rent as agreed. You can have an oral rental agreements. Now, here is what I worry about. Hopefully, you reviewed your lease with your own landlord and made sure that letting someone live on the premises who did not sign the lease is not grounds for your own eviction.

    So, in short, yes I think you can file an eviction but you have to follow the right procedure. Just use this response as a start and see if there is a more civil, quiet way, to get this carpetbagger out of your home. Now, remember the disclaimer at the top of this response. It is worth the expense of having a 15 minute cosult with a landlord/tenant specialist and I recommend that you try and set one up.

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