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How to Evict a Live-in Girlfriend or

Boyfriend
By Christopher Combs (https://combslawgroup.com/author/christopher-combs/) | September 13, 2016

How to Evict a Live-in Girlfriend or Boyfriend

 Question: My girlfriend and her son moved into my home in Gilbert three months ago. Almost from
the beginning we had problems, and I think it is now best that she and her son move elsewhere. I will
help her nancially to nd a new home. After I discussed this reasonable plan with her, she became very
upset and said that she would not move out. What do I do now?

  Answer: After your girlfriend and her son lived in your home for three months they became tenants
under an implied month-to-month lease. In order to terminate this implied month-to-month lease, you
need to give your girlfriend the 30-day termination notice required under Arizona law to terminate any
residential month-to-month lease. If your girlfriend and her son do not move out after the 30-day
termination notice, you will have to le eviction proceedings.

  Note: For purposes of removing an occupant living in your owner-occupied home, there are two types
of relevant occupant classi cations: a tenant, or a guest (licensee). Determining the
applicable classi cation depends on how long your girlfriend and son have lived in your home, and
whether they have paid any rents. Recognize that paying the utilities or buying food for the home
can also be considered rents.

Your girlfriend and son are considered tenants because it is highly likely that your girlfriend could show
some consideration, however small, for rents paid over the three month period. Yet, let us say for
example that absolutely no form of rents were ever paid by your girlfriend and it was within the rst
month of their stay.  In this case, an Arizona court could classify your girlfriend and son as mere
licensees in the home. This status as licensee would a ord them less rights to remain in the home than
a tenant with an implied month-to-month lease, where a 30-day termination notice is always required
and formal eviction proceedings may need to be led in Arizona.

Guests (licensees) can be excluded from your property like any other trespasser, e.g. the police can be
called. Although not legally de ned in Arizona, the general idea of a “guest” from standard contract
language is someone who occupies a home for “less than two weeks during a six month period.” As
such, if a couple wants a party to the relationship to remain as a guest in a home, they may want to
consider the legal impact of what may seem like minor events: who pays for the groceries, or the
amount of overnight stays in a home over an extended period. As time passes and as rents are paid,
additional rights could be a orded to a girlfriend or boyfriend as a tenant on an implied month-to-
month lease requiring notice and possibly formal eviction.

If you have any questions about formal eviction proceedings in Arizona, please contact Combs Law
Group, P.C. at (602) 957-9810 or info@combslawgroup.com for additional information.

Posted in Landlord-Tenant Disputes (https://combslawgroup.com/category/landlord-tenant-disputes/),

Uncategorized (https://combslawgroup.com/category/uncategorized/) and tagged How to Evict a Live-in
Girlfriend or Boyfriend (https://combslawgroup.com/tag/how-to-evict-a-live-in-girlfriend-or-boyfriend/),
implied month-to-moth lease (https://combslawgroup.com/tag/implied-month-to-moth-lease/)

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