[AZ] [AZ] How do I evict my niece and her boyfriend from my house if we don’t have a written lease agreement?
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.
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Given the circumstances, their occupancy is legally considered a month-to-month tenancy, even without a formal lease or rent agreement. Under Arizona law, you can terminate this tenancy without providing a reason (a "no-cause eviction") by giving them at least 30 days’ written notice. (A.R.S. § 33-1375(B))
The notice must:
- Clearly state the termination date,
- Instruct them to vacate by that date.
If they fail to leave after those 30 days, you can file for eviction in your local court.
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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, 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, Chatbot
Are there any written agreements or lease contracts in place regarding their tenancy at your house?
No.
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
Hello, my name is Benjamin, and I’ve been a licensed attorney for over 19 years. I look forward to assisting you.
Was there any discussion regarding rent or payments of any kind during this period? What are the obligations you're referring to?
No discussion of payments.
Benjamin
Given the circumstances, their occupancy is legally considered a month-to-month tenancy, even without a formal lease or rent agreement. Under Arizona law, you can terminate this tenancy without providing a reason (a "no-cause eviction") by giving them at least 30 days’ written notice. (A.R.S. § 33-1375(B))
The notice must:
- Clearly state the termination date,
- Instruct them to vacate by that date.
If they fail to leave after those 30 days, you can file for eviction in your local court.
They moved out here from Texas to help care for my mom, who is now in hospice (as of 2 weeks ago). Her condition has deteriorated rapidly.
My niece threw a fit when I asked her to help after the AC broke. Her boyfriend was loud and caused my mom, who has dementia, to panic. I asked him to leave until mom passed. He refused. I got upset and pushed their door open. I didn’t hit or scream, but I was animated. They called the police.
Since then, it’s been nonstop drama. Police have been here 3 times, along with Adult Protective Services and Spectrum Mental Health.
We had a 24-hour shift schedule to care for my mom, but it's a mess.
They’re trying to get me arrested so they can take over my mom’s house. I’m on the deed.
It’s ugly. I think I’ll also need a probate attorney.
Benjamin
I'm very sorry you're going through this. Based on everything you've described, the legal process has not changed — you’ll still need to follow the proper 30-day notice and potential eviction process through court if they don’t leave.
It’s a nightmare. Can you give me a ballpark estimate for hiring an attorney to handle this? I just want to be with my mom and not deal with all this.
Benjamin
In Arizona, attorney fees for this type of eviction would typically range from $1,500 to $2,500, possibly less if they leave willingly and the case doesn’t go to court.
Ok. Thank you. That’s all.
Benjamin
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