How do I remove a guest that refuses to sign a lease?

UPDATED: Dec 12, 2011

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How do I remove a guest that refuses to sign a lease?

Resident agreed to sign a 1 year lease when I allowed him to move in (I have written/signed pre-lease agreement). Now refuses to sign and pay deposits. He has signed a paper acknowledging that he is a “guest only” on the property and I want him out so I can rent the property out to an honorable renter.

Asked on December 12, 2011 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the "guest" in your rental signed a prior lease that expired and is remaining in the rental, he essentially is a hold over tenant on a month-to-month tenancy under the laws of most states in this country.

If you want him out of the rental, I suggest that serve with with a 30 day notice to vacate. If he is still in the rental after 30 days post service of the notice, you will need to serve him with an unlawful detainer action and proceed to court to have a court order having him evicted.

I suggest that you consult with a landlord tenant attorney to assist you in this matter further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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