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Not on the lease, Evict?

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CAGuy25

Member
A friend of mine lives in AZ and has a relative living with him. This relative is not on the lease and has not paid any rent or utilities during the time that she has lived there. She does not receive any mail at the residence. He believes that she is planning to move out soon, however currently she continues to keep belongings at his apt and occasionally stops by to sleep there, but most nights sleeps at a friends house.

Does he need to go through an eviction process if she spends more than a night away from the house at another persons residence? If he does, is there a certain number of days that she needs to be away before he can assume that she is no longer living there? Since she is not on the lease, does she have any rights in this matter that he needs to be mindful of?

If he does decide that she is going to move out and she spends a number of nights away, how can she deal with her personal effects without setting himself up to get in trouble?

Thanks
 


FarmerJ

Senior Member
If the person isnt treated like a landlord tenant relationship there is risk that the roomate would try to claim illegal eviction . a safe way to deal with it is to treat it like a paid tenant , give 30day notice according to that states law in writting sent with a certificate of mailing and If the person fails to move out deal with it accordingly with filing for court ordered eviction . should they end up abandoning personal property search for AZ s abandoned property laws and follow them .
 

HomeGuru

Senior Member
CAGuy25 said:
A friend of mine lives in AZ and has a relative living with him. This relative is not on the lease and has not paid any rent or utilities during the time that she has lived there. She does not receive any mail at the residence. He believes that she is planning to move out soon, however currently she continues to keep belongings at his apt and occasionally stops by to sleep there, but most nights sleeps at a friends house.

Does he need to go through an eviction process if she spends more than a night away from the house at another persons residence? If he does, is there a certain number of days that she needs to be away before he can assume that she is no longer living there? Since she is not on the lease, does she have any rights in this matter that he needs to be mindful of?

If he does decide that she is going to move out and she spends a number of nights away, how can she deal with her personal effects without setting himself up to get in trouble?

Thanks
**A: your friend needs to decide what he really wants to do.
 

CAGuy25

Member
He's just curious as to what steps are necessary so he can decide which course of action would be the best.
 

CAGuy25

Member
Yes it is, do you know him? If so, he would really appreciate the advice so he can make an informed decision. Unless maybe you can think of someplace else he could get some advice or maybe freeadvice.com isn't the right forum. Or, oh, I know you could STF up and go away and let someone who can offer some helpful advice stand up.

OH and your comment earlier regarding him making a decision. HE HAS, he wants her out, but he needs to know how to proceed properly and within the law. But those of us with reading and comprehension skills were already able to glean that from my first post.
 

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