Can I evict my roommate?

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Can I evict my roommate?

I recently moved into my father’s house after his passing. I now have a roommate but things aren’t looking good between me and her. She has been late on rent 3 times and now on the third time when I tried to tell her no she wouldn’t stop asking me and she wouldn’t take no for an answer. She always treats me badly and so does her son. I’m just wondering if I have the right to serve her an eviction notice.

Asked on December 12, 2012 under Real Estate Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If you do not have a written lease, then it is presumed that you have a month-to-month tenancy.  If she has not yet paid the rent for December, you can evict her on that basis.  Give her a written five-day notice.  If she does not either leave or pay the rent within five days, five a forcible detainer action in justice court to evict her.


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