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[AZ] [AZ] How do I evict my niece and her boyfriend from my house if there is no lease?

They have lived here for 10 months, have paid no money toward bills, and have not fulfilled their obligations when they moved in. I am in the state of Arizona.

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Benjamin
Benjamin

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The circumstances of their occupancy amount to a month-to-month tenancy. Despite the absence of a written lease or rent discussion, Arizona law treats this as a month-to-month arrangement. A landlord in Arizona can terminate a month-to-month tenancy without stating a specific reason—this is called a “no-cause eviction.” 

To do so, you must provide the tenant with at least 30 days’ written notice. The notice must clearly state the date the tenancy will end and that the tenant must vacate the premises by that date. (A.R.S § 33-1375(B))

If the tenant fails to vacate after the 30 days, you can file a petition for eviction with the local court to have them legally removed.

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Arizona Month-to-Month Lease Termination Letter

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I need to evict my niece and her boyfriend from my house. They have lived here for 10 months, have paid no money toward bills, and have not fulfilled their obligations when they moved in. I am in the state of Arizona.

Lexi

Lexi, Chatbot

I'm sorry to hear about the situation with your niece and her boyfriend. Have you served them with any formal eviction notice yet?

No.

Lexi

Lexi, Chatbot

Are there any written agreements or lease contracts in place regarding their tenancy at your house?

No.

Lexi

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with eviction.

Yes.

Benjamin

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.

Was there any discussion regarding rent or payments of any kind during this period?

What are the obligations you are referring to?

No discussion of payments.

Benjamin

Benjamin

The circumstances of their occupancy amount to a month-to-month tenancy. Despite the absence of a written lease or rent discussion, Arizona law treats this as a month-to-month arrangement. A landlord in Arizona can terminate a month-to-month tenancy without stating a specific reason—this is called a “no-cause eviction.” 

To do so, you must provide the tenant with at least 30 days’ written notice. The notice must clearly state the date the tenancy will end and that the tenant must vacate the premises by that date. (A.R.S § 33-1375(B))

If the tenant fails to vacate after the 30 days, you can file a petition for eviction with the local court to have them legally removed.

They moved out here from Texas to help me care for my mom, who is on hospice home care as of two weeks ago. My mom’s condition has declined to the point that it could be any hour, any day she will pass.

My niece threw a fit when I asked her to help me because the AC broke and my mom was in full-blown dementia freak-out. Her boyfriend was talking really loud, causing my mom to panic. I asked him to leave until my mom passed, and he refused. I blew a gasket and pushed their door open.

I didn’t assault them, and I wasn’t screaming, but I was definitely animated. They called the police. I almost went to jail. Every day it’s more drama—the police have been here three times, along with Adult Protection Services and Spectrum Mental Health.

I had gotten my niece to agree to a mom-watch schedule (24 hours on, 24 hours off). It just goes on and on. I’m taking care of my mom alone. I think they’re trying to get me to do or say something that will get me arrested so they can keep me out of my mom’s house.

I am on the deed to the house. It’s ugly. I also think I will need a probate attorney.

Benjamin

Benjamin

That does seem very complicated. However, the circumstances haven’t changed—the steps I mentioned above are still the ones required to properly have them vacate the premises.

Nightmare. Ok. Can you give me a ballpark estimate on how much it would cost to hire an attorney to handle this for me? I just want to be with my mom and not have to deal with this.

Benjamin

Benjamin

Probably, in Arizona, it would cost between $1,500–$2,500. That would be a fair estimate. If they leave willingly, it could be lower than that.

Ok. Thank you. That’s all.

Benjamin

Benjamin

679 satisfied customers

Benjamin
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