Roommate Agreement Rules In Pima
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Yes, you can evict someone without a lease in Arizona. Even if there is no written contract, the tenants are still protected by landlord-tenant laws, and landlords must follow local laws.
§ 33-1378 landlords are not required to give any notice whatsoever for removing roommates who are not named on the lease, or for calling law enforcement to remove such roommates.
You probably don't expect to sue your roommate someday. Yet, it does happen. An agreement creates expectations to keep the living arrangement fair. They also provide protection and peace of mind because they are legally binding.
Roommates who are not named on the apartment lease have some limited rights, but their tenancies are among the most vulnerable. Broadly, roommates are covered by laws that protect tenants from being illegally evicted (see below) and that ensure tenants access to basic services (such as water and electricity).
The landlord must give the tenant proper notice and wait until the business day after the expiration of the tenant's notice before filing an eviction action in justice court. Save a copy of the notice sent to the tenant as this will need to be filed with the summons and complaint, if filing is necessary.
To remove your boyfriend from your house, Arizona law requires a judicial eviction. You cannot legally lock him out without a court order. Regardless of whether an occupant pays rent or has a lease, Arizona law requires that he be treated as a tenant.
What do I include in a Roommate Agreement? Information about the property, roommates, and original lease. Term or length of the agreement. Rent responsibilities. Security deposit details. Responsibilities for utilities and household costs. House rules, roommate duties, and restrictions. Rules for termination of tenancy.
The Arizona 30-day notice to quit allows a landlord or a tenant to terminate a monthly lease without cause. This notice is not for a violation by either party but serves to inform the receiving party that the sender is terminating their month-to-month lease.
A. § 33-1324. All electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances must be maintained in good and safe working order and condition.
If the landlord fixes the problem within 14 days of receiving the notice, then the tenant must continue with the lease. But before sending a 14/30-day notice, be prepared to move out in 30 days. If the landlord fails to fix the problem in the 14 days, your right to live in the unit expires at the 30 day mark.
