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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33738
Experience:  Attorney for over 15 years, landlord 26 years
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My Daughter has been renting my house. There is no lease in

Customer Question

My Daughter has been renting my house. There is no lease in place. She has been delinquent in paying rent and has not paid the last month and prior month. She attempted suicide in my house and has had her children removed. I want to remove her and return to my house so I can get custody of my grandchildren. Do I have any recourse in this?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I need to ask a few questions before I comment..

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1 Can you tell me what state you are in?.

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2 How long has she been living there?.

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3 And the lease agreement is verbal, correct?

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4 And she is 2 months delinquent on the rent, correct?

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thanks

Barrister

Customer: replied 1 year ago.
Home is in Phx Arizona. My daughter has been there over 2 1/2 years. I have been trying to get her to leave for some time now with verbal threats of eviction but haven't followed through with it. She is always late paying, sometimes she pays part rent and didn't pay anything in Sept. Also, there has been much destruction to property and land scraping done!
She has a drinking problem and CPS took my grandchildren from her and my parents have them now! I need in my home to help with the kids , plus its my house and want to move back Phx ASAP. I live 55 miles away N terminated my lease out of town where I live to relocate back in Phx. There is no written lease.
Expert:  barristerinky replied 1 year ago.

Ok, if she is late on the rent under the oral lease agrement, you can give her a written 5 day notice to pay or vacate and if she doesn't pay, you can then proceed to legally evict her through the courts.

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You can proceed with a formal eviction through the courts on the 6th day after giving her notice to pay or vacate if she didn't pay everything due. You would file a complaint in the local Justice court for forcible entry and detainer. The court would then schedule a hearing and would then award you a judgment. Then you can file for a writ of restitution 5 days later and have the sheriff physically remove her.

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thanks

Barrister

Customer: replied 1 year ago.
At this point she would pay! I don't want her $. I want her gone! Are you saying she can stay if she pays me? Then she can start this all over again? How do people get their homes back w/o a written lease?
Expert:  barristerinky replied 1 year ago.

That is the first route....a notice of nonpayment. But if you just want her out, you can also give her a 30 day notice to terminate her tenancy at the same time as the 5 day notice....so two notices.

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The 30 day would terminate her tenancy whether she paid or not. The 5 day would give you the right to terminate and evict sooner if she didn't pay the rent.

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The fact that there is not a written lease doesn't matter here as she is just a month to month tenant by default unless there is a written fixed term lease.

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thanks

Barrister

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