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How to Evict a Roommate in Arizona

Maybe your roommate needed a place to stay for a short while. Or maybe the two of you thought that teaming up would be a good way to save on expenses.

Contact us for affordable legal help! You can talk to a friendly, experienced Arizona eviction lawyer today. No hourly fees. No long-term contract.

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Things were great for a while but now the bloom is off the rose and it is time for your roommate to go. Except he or she won't go. You've asked him or her to leave and nothing happens. Or your roommate just says, "No." So now what? How do you evict a roommate in Arizona?

Evicting an Arizona Roommate

If your roommate is on the lease with you, then you cannot evict him or her because he or she is a legal tenant. Only your landlord can evict a tenant and he must follow A.R.S. § 33-1368, the Arizona law that states that a landlord must give a tenant 10 to 30 days' notice to cure the problem causing the potential eviction, i.e., meaning pay rent, get rid of the dog, etc., before going to court to evict the tenant.

On the other hand, Arizona A.R.S. § 33-1378 lets you or your landlord evict your roommate if the roommate is not on the lease and no longer has your permission or your landlord's permission to stay in the property with you.

Unlike with A.R.S. § 33-1368 which requires due process, meaning 10 to 30 days' notice and a chance to go to court to fight an eviction, Arizona A.R.S. § 33-1378 provides no such due process or protection.

What Does This Mean for Getting Rid of Your Arizona Roommate?

Arizona A.R.S. § 33-1378 essentially means that you can tell your landlord about your roommate and have him or her call the police to evict your roommate. No notice needed.

Keep in mind, though, that if your landlord does not know about your roommate and having a roommate is a violation of your lease, then your landlord could decide to evict your roommate without due process and evict you with due process.

If you would rather not contact your landlord, then Arizona A.R.S. § 33-1378 gives you legal permission to call the police to throw out your roommate.

It is Important, However, to Keep in Mind...

Under Arizona law, it is important to know if your roommate is a guest without the right to due process or if he or she is actually a tenant with the right to due process. If you and your roommate entered into any kind of agreement, even just an oral one, about his or her staying with you, then your roommate might be considered a tenant and cannot be evicted without formal notice and a court process.

Bottom Line

The bottom line is evicting a roommate in Arizona can be tricky, particularly if your roommate might actually be a tenant. Evicting anyone in any state is not easy, even for landlords with solid legal grounds. It can be a complicated and contentious endeavor.

Get Help!

If, though, you have decided that you have no choice but to evict your roommate, then please use the form above to contact us for affordable legal help. You can talk to an experienced Arizona eviction lawyer today to make sure your rights are protected and you are following the law. No hourly fees. No long-term contract. You'll have an attorney on your side when you need one.

Remember that one small misstep when trying to evict your roommate could mean that you are the one having to look for a new home. Don't let that happen.

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