Rental Basics in Phoenix>Question Details

Frusteratedl…, Home Owner in Phoenix, AZ

How do I get my tenants BF who isnt on lease to get out of my house? He's ruining my home and I need him out!

Asked by Frusteratedlandlord, Phoenix, AZ Mon Aug 22, 2011

My tenant moved in June 1st and hasnt paid rent since July 5th, I served her with a 5 day notice but her BF is not on the lease nor has permission to be there, and is damaging my home by the day, How do I get him out, like NOW? Is that possible?

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First of all, you should consult with an attorney since I am not licensed to practice law. Well, if your tenant has not paid rent, then you can file a special detainer action against your tenant after servicing them with a 5 day notice of eviction. The court should give you a hearing within one week and both you and your tenant will have to show up in court. If your tenant has paid rent but is damaging your house or not following your rules, then you can still evict them after giving them proper notice to fix the issue. I hope this help!!
0 votes Thank Flag Link Mon Aug 22, 2011
Hi Frustrated,

It's hard being a landlord some days, isn't it?

I recommend you start legal proceedings for eviction straight away. Make sure you do everything absolutely by the book, because the law favors the tenant and in the case of any kind of dispute, you want everything on record as having been done correctly by you.

I would also advise your tenant that she will be liable for any costs incurred by you as a result of the eviction. Make sure she understands this includes costs from damage done to the home by her, her pets, or any of her guests. Let her know that if the damage and other losses are not covered by the security deposit, you will have no hesitation in pursuing this to the full extent of the law, if necessary garnishing her wages until the debt is paid. Don't be afraid of doing this. If they are damaging your home, and you have evidence (ideally photographic and in writing) of the condition at move in and move out (i.e. eviction), you stand a good chance of being treated favorably by the courts.

Hope this helps. Good luck.

Emma Beyer
RE/MAX Casa Grande Yost Realty
Web Reference: http://www.yosthomes.com
1 vote Thank Flag Link Tue Aug 23, 2011
I don't see this as legal advice as much as property management advice. Per the Arizona Residential Landlord Tenant Act the tenant has an obligation to maintain the premises. This duty extends to anyone the tenant allows onto the property. If the landlord believes damage has been done to the premises by either the tenant or anyone the tenant allows onto the property, the landlord can serve the tenant with a 10 day notice to cure and, if not satisfied, begin eviction proceedings. The Arizona Association of Realtors lease lists occupants approved by the landlord separately from the lease holder. If you have such a clause in the lease you can give notice to remove any occupant not approved by the landlord. In either case you risk losing the tenant but if damage is truly being done to the property and rent is overdue it may be in your best interest as good renters are easy to come by at this time.
0 votes Thank Flag Link Tue Aug 23, 2011
The guy that got labeled with the best answer says in the first sentence he can't give legal advice. Then in the next sentence he gives legal advice lol.
0 votes Thank Flag Link Mon Aug 22, 2011
Hello Frustrated,
First I am not an attorney but rather a property management company. Under normal circumstances we would serve a 5 day notice for the rent ,which apparently did and proceed to court on that providing they did not pay. It is the easiest way to get them out by. We would also serve them a 10 day notice a material breach of lease at the same time for the unauthorized guests and proceed on that if they paid the entire balance prior to court. My recommendation would to either hire a property management company to take over or hire an attorney to review your documents to make sure that all your paperwork is in order prior to proceeding. If you need any further help please feel free to contact me.
0 votes Thank Flag Link Mon Aug 22, 2011
If he isn't on the lease, than he has no right to live there. I would let the landlord know an individual is damaging the property, especially when that individual is not on the lease.
0 votes Thank Flag Link Mon Aug 22, 2011
Dear Frustrated:

1. First thing to do is ask him to leave according to your lease.

2. If this doesn't work follow steps in the Landlord/Tenant Act: http://www.azsos.gov/public_services/publications/residentia…

3. Consult with your attorney for next steps

Jeff Masich
HomeSmart Realty
Scottsdale
Web Reference: http://ArizonaHomesLand.com
0 votes Thank Flag Link Mon Aug 22, 2011
Short of calling Homeland Security and telling them he's a terrorist, I don't see many avenues here. You can certainly hold your tenant liable for any damage to the premises and make appropriate deductions from his or her security deposit. The tenant can call the police if the BF is trespassing without the tenant's consent, but from your perspective it would not be considered a trespass. While this is more of a civil rather than a criminal manner, if you catch him in the act of vandalizing your house you can try the police.

If you are already in the process of evicting your tenant anyway, I don't see what else you can do unless there is a criminal act involved.
0 votes Thank Flag Link Mon Aug 22, 2011
Here is a link to the Arizona Residential Landlord and Tenant Act: http://www.azsos.gov/public_services/Publications/Residentia… ...which should have all the answers you need... Good Luck
0 votes Thank Flag Link Mon Aug 22, 2011
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