How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30347
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My live-in boyfriend has not been paying me rent for months

Customer Question

My live-in boyfriend has not been paying me rent for months or helping me with household expences. Now I would like him to leave. He is not on my apt lease so he really is not suppose to be at my apt in the first place. He is on probation so I thought if he continues to refuse to move I could just call the police. Does he have any right to stay in my one bedroom apt if we only had an agreement about rent? Can I just change the locks and put his possessions on the curb?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Arizona and it is happening now.
JA: Has anything been filed or reported?
Customer: no, everything in the house is mine... except for some of his personal things like clothes etc
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just want to know if I could call the police to have him taken out of the apt.
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

When you agreed to allow your boyfriend to move into your apartment, that created a month-to-month lease, which is enforceable. You gave yourself all the rights and obligations of a landlord, and that means police will not remove him without a court order. Unless he has done something to violate his probation, calling police would not help. The fact that he's technically not supposed to live there does not help your case, because it was your responsibility to verify whether a tenant is allowed before letting them move in. If he were removed by your landlord for that reason, he could actually sue you. So that's not the right approach at all.

There are two ways to get a court order. If you agreed when he moved in that he would pay rent or help with household expenses, and he stopped, then you can give him a five-day notice to pay the amount he owes you or vacate the premises. If he's still there on Day 6, you can go to court and file for an eviction. Here is a sample notice:

That could be a good option if you want the money he owes you. However, if he pays, then you have to let him stay another month. The other option is to serve him with a Notice of Termination of Tenancy, which gives him one month's notice to vacate the premises. In that scenario, you'd still have to go to court if he doesn't leave, but you'd be allowed to claim all the past rent and seek a judgment for up to two times the rent as a penalty because he illegally overstayed the notice. Ariz. Rev. Stat., Section 33-1375.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 11 months ago.

Did you have any other questions about this?