Our law firm is frequently contacted by Arizonans looking for help with an “atypical eviction”. There are a few keys ingredients that make up an atypical eviction. The first ingredient in an atypical eviction is the actual person we are trying to evict. Often we are evicting an ex-girlfriend, ex-boyfriend, ex-friend, roommates, adult children, relatives, etc.
For example, if a woman moves into her boyfriend’s house, they breakup, boyfriend asks her to leave, and she won’t leave–then we must move forward with a formal eviction to get her out of the house.
The second ingredient that makes these situations unusual is that the person requesting the eviction is often living with the person they are seeking to evict. (This must make for some really awkward conversation around the breakfast table). Tensions can become very high in a home where people are living side by side and one of them is trying to evict the other. In these atypical evictions it’s not uncommon for one of the residents to obtain a restraining order against the other person.
It is important to note that whether it is a “traditional” Arizona eviction or an atypical eviction as described above, we must always follow the same formal process. There are no shortcuts! So resist the temptation to just lock this person out of your house and throw their belongings into the street. Trying to take any shortcuts with the eviction process can; delay the eviction, cost you money, and create more stress in your life. Do it right the first time and you will be able to get this person out of your life.
How Long Will an atypical Eviction Take?
The time it takes to eviction someone from your house depends on a few important variables. One of the most important variables is whether or not there was an agreement for this other person to pay rent. If there was an agreement for this person to pay rent and they were not paying rent then we can send them a typical 5-day notice for non-payment of rent. The entire eviction process for non-payment of rent can take 3 to 4 weeks. So if you have any illusions about your ex-lover/ex-friend/roommate leaving in a day or two you need to re-adjust your thinking.
If there never was agreement for this person to pay rent and there is not a written lease agreement in place then you must send them a 30-day notice to vacate. If they do not leave after the expiration of the 30 days then we can begin the eviction process thru the courts.
If you are an Arizona attorney and need to evict an atypical tenant then contact the Dunaway Law Group at 480-702-1608 or message us HERE.
* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the States of Arizona and New York.