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

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


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

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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.

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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.

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