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    helpusgetrid's Avatar
    helpusgetrid Posts: 3, Reputation: 1
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    #1

    Jul 15, 2008, 03:58 PM
    How does my boyfriend legally evict his ex girlfriend who not have a lease in Arizona
    My Boyfriend's Exgirlfriend Lives In His House. She Pays No Bills And Refuses To Leave. There Has Even Been A Situation Where The Police Were Called Because Of An Altercation Between The Two Of Them. She Has Threatened Me As Well On A Number Of Occasions. We Just Want Her Out Of Our Lives But We Want To Be As Legal As Possible. She Has Resided In The House For Over A Year Now And Never Paid Any Bills. She Was Primarily Just Going To School. Please Help Us! We Keep Getting Conflicting Information As To What We Have To Do To Resolve This Situation!
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Jul 15, 2008, 04:06 PM
    There's a "sticky" at the top of this forum with a link to your state's landlord/tenant property code. Read through that. See how much notice HE must give her before he can file for eviction. Also call your local Justice of the Peace / Magistrate - whoever handles evictions in your area. (The police can tell you who handles eviction suits.) Contact them for eviction proceedures. Typically once the initial notice time is past you can go in, fill out paperwork and they'll get the ball rolling. They'll serve her. There will be a court date set. If she shows you have a trial. If she doesn't show he'll get a default judgement. Then they'll notify her she has XX days to be out or file an appeal. If she still does nothing the sherrif will come escort her from the property and stay there while the owner changes the locks. It varies from place to place what happens with her property left in the dwelling.

    Time frames and details vary a lot from place to place, but it sounds to me like a clear case for eviction.

    I think YOU need to stay out of it and have HIM handle it since he's the owner of the property. Once he gives her the notice and then files with the court she needs to be LEFT ALONE. Let the court handle it then.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 15, 2008, 04:42 PM
    If you can't find the procedure on the linked site, go to your local court and ask. But the point is you have formally evict her. She has established residency.

    One question you need to answer, did she agree to pay rent and never did or was she allowed to move as the girlfriend at that time?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 15, 2008, 04:56 PM
    Give her a notice to move and evict her in court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jul 15, 2008, 05:15 PM
    Quote Originally Posted by helpusgetrid
    My Boyfriend's Exgirlfriend Lives In His House. She Pays No Bills And Refuses To Leave. There Has Even Been A Situation Where The Police Were Called Because Of An Altercation Between The Two Of Them. She Has Threatened Me As Well On A Number Of Occasions. We Just Want Her Out Of Our Lives But We Want To Be As Legal As Possible. She Has Resided In The House For Over A Year Now And Never Payed Any Bills. She Was Primarily Just Going To School. Please Help Us! We Keep Getting Conflicting Information As To What We Have To Do To Resolve This Situation!


    You can do nothing - you have no legal standing. He would have to evict her.

    Arizona is a little bit complicated because the time frame depends on the type of breach. If she was supposed to pay rent and has not, it's one time frame; if it's because of threats, I believe it's 2 days.

    What would the grounds for eviction be? Is she going to counter that he promised her she could live there for a certain period, perhaps rent free.

    But, again - you have no legal voice here and you cannot resolve the situation. It's his call.
    helpusgetrid's Avatar
    helpusgetrid Posts: 3, Reputation: 1
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    #6

    Jul 15, 2008, 06:06 PM
    I would love to be able to "stay out of it" but this situation being what it is... him and I are have to sign another lease for another apt unless we want to live with her! She is not a reasonable person. And we shouldn't have to pay another rent because she won't leave. The reason I'm asking is because I'm the one with internet access. But I'm very aware that this all up to him! WE (together) would like answers!
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #7

    Jul 15, 2008, 07:56 PM
    Quote Originally Posted by helpusgetrid
    i would love to be able to "stay out of it" but this situation being what it is.....him and I are have to sign another lease for another apt unless we want to live with her! She is not a reasonable person. And we shouldnt have to pay another rent because she wont leave. The reason im asking is because im the one with internet access. But im very aware that this all up to him! WE (together) would like answers!
    '

    I understand. I wasn't trying to be snide by telling you to stay out of it. Legally, just make sure he's the one signing everything and showing up to court, etc.

    Like everyone has suggested. Notice, then eviction.

    Or it'd be kind of fun, in a really sick way, for you to both move in with her. See what kind of fun you could have getting her to leave?? Yeah, maybe not.
    helpusgetrid's Avatar
    helpusgetrid Posts: 3, Reputation: 1
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    #8

    Jul 15, 2008, 09:59 PM
    Well we told her that we were going to move in figuring that any person in there right mind would not want to be in that situation and she was perfectly fine with it... the thing is... she has no job so i don't really think she cares as long as she does not have to pay rent! She is not sane! Can't express that enough! She is trying to get custody of a child that she pretty much abandoned... has no job... no place to live... and is completely ungratful! We even offered to give her an apt for 6 months if she would leave... she said no... unless we bought her a car too!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Jul 16, 2008, 06:54 AM
    Quote Originally Posted by helpusgetrid
    WELL WE TOLD HER THAT WE WERE GOING TO MOVE IN FIGURING THAT ANY PERSON IN THERE RIGHT MIND WOULD NOT WANT TO BE IN THAT SITUATION AND SHE WAS PERFECTLY FINE WITH IT......THE THING IS...SHE HAS NO JOB SO I DONT REALLY THINK SHE CARES AS LONG AS SHE DOES NOT HAVE TO PAY RENT! SHE IS NOT SANE! can't EXPRESS THAT ENOUGH! SHE IS TRYING TO GET CUSTODY OF A CHILD THAT SHE PRETTY MUCH ABANDONED...HAS NO JOB...NO PLACE TO LIVE....AND IS COMPLETELY UNGRATFUL! WE EVEN OFFERED TO GIVE HER AN APT FOR 6 MONTHS IF SHE WOULD LEAVE....sHE SAID NO...UNLESS WE BOUGHT HER A CAR TOO!


    What legal grounds are you considering using to evict her - as I said, the time frames vary depending on the reason for the eviction.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #10

    Jul 16, 2008, 07:25 AM
    Quote Originally Posted by helpusgetrid
    WELL WE TOLD HER THAT WE WERE GOING TO MOVE IN FIGURING THAT ANY PERSON IN THERE RIGHT MIND WOULD NOT WANT TO BE IN THAT SITUATION AND SHE WAS PERFECTLY FINE WITH IT......THE THING IS...SHE HAS NO JOB SO I DONT REALLY THINK SHE CARES AS LONG AS SHE DOES NOT HAVE TO PAY RENT! SHE IS NOT SANE! can't EXPRESS THAT ENOUGH! SHE IS TRYING TO GET CUSTODY OF A CHILD THAT SHE PRETTY MUCH ABANDONED...HAS NO JOB...NO PLACE TO LIVE....AND IS COMPLETELY UNGRATFUL! WE EVEN OFFERED TO GIVE HER AN APT FOR 6 MONTHS IF SHE WOULD LEAVE....sHE SAID NO...UNLESS WE BOUGHT HER A CAR TOO!
    I understand that she's got issues. I've dealt with people like this more than I care to think about. They are AGGRAVATING! I get it.

    I just can't stress enough that your BF needs to find out the exact, legal procedure and get the ball rolling ASAP. It seems slow and frustrating and unfair - I understand that. But in the long run that's the most quick, easiest way to get rid of her.

    And as I told you before, you need to remain nowhere to be seen (by her - asking for advice from others is fine). Once he gives her notice and files the eviction suit you guys need to LEAVE HER ALONE and let this play out. You don't want to do anything to screw up the process.

    Has he done what was suggested here and given her the proper notice?

    Believe me when I tell you that I've had to sit by and wait for someone to be evicted and it feels like it's nearly impossible. But I've done it the other way - thinking I can somehow get them to leave some other way. Once someone has dug in their heels eviction is the way to go?

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