How do I evict a person living in my rental property who is not on the lease agreement?

Asked over 1 year ago - Glendale, AZ

I bought my mother-in-law's house last year and am leasing it back to her. She has a boyfriend living with her that she no longer wants there. He is not on the lease agreement as a tenant. How can I get him out of my house? Does he have any tenant rights even though he is not on the lease?

Attorney answers (3)

  1. Steven Roger Rensch

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Based on what you have told us, he has no rights. File an eviction action.

  2. Brent D Harris

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Sounds like he may be criminally trespassing, esp. if he was a guest that has overstayed his welcome and now refuses to leave. Not on lease, not invited, not paying rent (I assume) - an eviction could also be appropriate. If he's harassing or scaring her, an OOP or IAH is another way to go. If your mother-in-law is an elderly or vulnerable adult, and the BF is taking advantage of that situation, Adult Protective Services is another path.

    Anyone viewing this web site should not act on any information contained on this site without seeking professional... more
  3. Celia R Reed

    Contributor Level 20

    Answered . I would serve him with a notice to vacate and the file a complaint for forcible detainer (eviction). Be prepared to obtain an order of protection if the boyfriend gets hostile.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-... more

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