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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36626
Experience:  Attorney over 16 years, landlord 26 years
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I live in Scottsdale, Arizona and have been renting an

Customer Question

I live in Scottsdale, Arizona and have been renting an apartment for 4 years. My ex-boyfriend has been living with me, although his name is ***** ***** the lease—I am the only one on the lease. He has paid $250 toward rent + utilities monthly. We have broken up, but he now refuses to move out. He claims he is legally a tenant and I would have to evict him (which would most likely violate my own lease). How long do I have to give him to move out? What paperwork do I present? He is trying to intimidate me that I cannot get him to leave, but I am willing and ready to begin this process legally if I must. My lease is up in February and I could move then, but I really love my place and want to stay.
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Expert:  barristerinky replied 8 months ago.

Unfortunately, he is correct in that he is legally a tenant and you would have to terminate his tenancy with a written 30 day notice handed to him and then if he didn't move out, evict him through the courts.

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Once that 30 days were up, you would go to the local Justice court and file a formal eviction complaint and summons, called a "forcible detainer".. The clerks will have the forms. Then you come to court and show your proof that you gave him a 30 day and get your judgment. 6 days after the judgment is issued, you can get a writ of restitution that the sheriff will execute to physically force him to leave the property.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Customer: replied 8 months ago.
Thank you, ***** ***** I have to write anything specific in the 30 day notice? Does it need to be notarized or anything?
Expert:  barristerinky replied 8 months ago.

You are very welcome, happy to help.

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No, it doesn't have to be notarized, just signed by you as the "landlord". There are lots of template 30 day notices available on the internet..

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See here: 30 Day Notice

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thanks

Barrister

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