Evicting a roommate in the state of Arizona is very similar to the process in many other states. Your roommate may have not payed rent for a long time, but the landlord will have to make the ultimate decision to evict.
With the right instruction you can get started on the eviction process for your roommate, with as little stress as possible.
Request that the landlord serve the roommate with a request to either pay or leave the premises. In the state of Arizona, tenants are forced to leave after five days of receiving this document.
Have your landlord file an "Unlawful Detainer" action complaint at your local Clerk of Courts office. This complaint will specify that the tenant is in possession of his or her property without making the proper payments. It is also used for when tenants break the terms of a lease.
Wait for the summons to be delivered to the roommate by the sheriff's department. There will be a set court date that your landlord will have to attend, noted on the summons.
Have your landlord bring the rental agreement, lease, and receipts to the court hearing. If your landlord allows, you may be able to present your case in court as well. You and your landlord will have to show that there has been a history of non-payment, or breaking of the lease, in order for the judgment to be ruled in your favor.
Act on the judge's decision to evict the roommate. The judge will give the roommate a specific amount of time in order to vacate the premises. If the roommate still will not leave, call the sheriff's office. The sheriff will remove the individual from the property.
Usually, roommates will leave within the five days mentioned in the first document served by the landlord, avoiding the need for a complaint and court date.
If the landlord has not been maintaining the property as he should, the roommate may be able to present that in their defense. Some judges may rule that the roommate has the right to deduct repairs from what is owed.
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