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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55452
Experience:  Attorney with 29 years of experience.
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I rent out my spare room. My current roommer is $800 behind

Customer Question

I rent out my spare room. My current roommer is $800 behind in rent. He has lost 3 jobs since Feb. I see no hope in getting it.
I have asked not to smoke in the house, he abuses this. My lungs can't take it.
What can I do that will not take a lot of money
Richard
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years ago.
Hi! My name is ***** ***** I look forward to helping you!
This should not take much money as it's a pretty simple process. But, if he will not leave voluntarily, you do need to go through the proper steps to avoid being accused of an illegal eviction. Since he is in default, you will then need to give a 5-Day Notice to Quit under Arizona law...meaning he must vacate the premises within that period or face formal eviction. Then, if he still has not left, you will have to file a petition for an eviction order. Once that is granted...you can have the sheriff evict. Unfortunately, you are not allowed to move his stuff out, change the locks, or take any other means of "self-help" eviction prior to obtaining the eviction order. You can do the Notice to Quit and the eviction proceeding yourself. You can download the form for the Notice to Quit at the following link: http://courts.yavapai.us/verdevalleyjc/files/2012/02/Notice-to-Pay-or-Vacate.pdf
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could just force him out immediately, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!
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