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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100046
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Markey. I live in Maricopa County Arizona I want my

Customer Question

Customer: Markey. I live in Maricopa County Arizona I want my boyfriend to move out of my house. He says he will leave after his doctor appointment in February, but I want to be sure he does. What can I do
JA: Thanks. Can you give me any more details about your issue?
Customer: He moved in with me in July 2015, and we get along ok, but he does not respect me or my things and I told him our relationship wasnt working in November. He said I was being unfair as he has no money and he needed to see his doctors in January and February. He said if I allowed him to stay until after doctor in February he would leave, this would give him time to save some money and see his doctors like a fool I agreed now i just want to be sure i'm covered if he should change his mind in February. We are senior citizens. He is 75 and I'm 60
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Family Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
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Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. I am going to assume that you never charged him rent; let me know otherwise, please.

He is what is known as a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.

A tenant at sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick him out of the home. He must be evicted like a tenant who has not paid rent. If after the quick eviction hearing she still does not leave, then, one can get a Writ and have the authorities forcibly relocate him.

However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction.

So here, you may:

1) Give him notice to leave and if she does not;
2) Evict him as though you would a tenant; and
3) Have the authorities remove him by force if he still does not leave; and
4) Change the locks.

Again, the majority of tenants at sufferance shall leave upon notice, or shortly after an eviction is filed.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!