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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28315
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I live in Arizona and my girlfriend and I broke up about a

Customer Question

I live in Arizona and my girlfriend and I broke up about a week ago...we started the process of her moving out by her taking some things to storage, finding a new place to live, and using the guest room during the two week period we verbally agreed apon that she would have to leave the house. I am the sole lessee of the residence, she has not once contributed toward rent, utilities, or basic upkeep of the home( and I have all documentation to prove that). She also does not have a set of keys (I have a keypad deadbolt on my security screen and main door to which she has the codes, I assume thats the same as having keys?) Does she have any rights to staying in the home for ANY amount of time considering the aforementioned information? I understand I will have to give her fair and resonable access to remove her personal belongings, but other than that, what am I leagally allowed to do in order to evict her from the premimes quickly but legally?
Submitted: 5 years ago.
Category: Legal
Expert:  LegalKnowledge replied 5 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

When a person lives in a home and there is no lease or they are not on a lease, they would be considered a month to month tenant. As such, they would need to be given 30 days written notice, for them to vacate. If they fail to move after being given the proper notice, the eviction process could then begin. A person can not use self help to evict them ( i.e. change the locks and/or throw their stuff on the street), so evicting them, would be the proper way to have them removed. In a perfect situation, she would leave after the agreed upon 2 weeks BUT this would not be a legal basis to start the eviction process earlier, without giving the proper written notice. As such, a person can always be proactive and give the proper notice, so that if the tenant does not comply, they can move forward with eviction and do not have to waste more time. Please let me know if you have any follow up questions or need any clarification on something which I stated above. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I

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Customer: replied 5 years ago.
But how can someone be considered a tenent when they don't contribute to any bills, and barely recieve and mail. If I have to serve her a 30 days notice, can I also serve that notice with a bill for her portion of the rent and utilities?
Expert:  LegalKnowledge replied 5 years ago.

She lives there and uses it as her primary residence. If you do not want to view her as a tenant, you can see her as a guest and the same issue remains. Someone who is allowed to stay and has that right/privilege revoked, would need to be evicted. The decision for her to not contribute was based upon an agreement that you and her had. It does not give her any less right to be there because you cover the cost of everything. In addition, if the landlord was not aware of this, you could be in breach of the lease agreement, by having someone not on the lease, reside there.

Customer: replied 5 years ago.
But you never answered my question. Can I charge her rent for the last 30 dyas she's here, or do I have to let her live free for another month?
Expert:  LegalKnowledge replied 5 years ago.
If there was never an agreement to pay rent you can not just start charging her now. You cant go back and try and charge her since you broke up and if you did want to charge her, would need to give her notice as well, so she could decide if she wants to stay or go.