How to Evict a Roommate Not on the Lease in Arizona

If you’re a renter in Arizona sharing your home with a roommate not listed on the official lease, removing them can be a delicate legal process. This guide explains each step—including required Arizona forms and your rights under state law—so you can handle eviction fairly and within the law.

Understanding Roommate Eviction in Arizona

Roommates who are not on the lease (often called "guests" or "unauthorized occupants") may not have a direct agreement with the landlord. If you need to remove such a roommate, you (as the primary tenant) generally act as their "landlord" for notice and eviction purposes.

Arizona Tenant-Landlord Law Overview

The main law governing rental relationships in Arizona is the Arizona Residential Landlord and Tenant Act. This law sets clear rules on notice, eviction, and tenant rights.^[1]

Key Steps to Evict a Roommate Not On the Lease

• Talk to your roommate: Try to resolve issues directly before starting formal action.
• Give written notice: Arizona law requires written notice, even for roommates not on the lease. A Notice to Vacate is usually sufficient for someone without a formal rental agreement.
• If your roommate refuses to leave after notice, you must file for eviction (Forcible Detainer) through the appropriate Arizona court.

Which Court Handles Roommate Evictions?

In Arizona, eviction cases (including those involving roommates) are handled by the Arizona Justice Court. This court manages residential landlord-tenant disputes across the state.

Official Arizona Forms for Evicting a Roommate

• 5-Day Notice to Vacate (Form LJEA-1): Use if there is illegal activity or a safety concern. Used to formally demand your roommate leave within 5 days.
  Example: Your roommate is damaging property or violating laws.
  Official form: 5-Day Notice to Vacate (PDF)
• 30-Day Notice to Vacate (no numbered form, local county form): Use in most situations where your roommate is staying with your permission but without a written agreement.
  You can use a template from your county court, such as Maricopa County Notice to Vacate form.
• Forcible Detainer Complaint (Eviction Filing): If your roommate doesn’t leave after notice expires, file a Complaint and Summons - Forcible Detainer with Justice Court.
  Example: Roommate stays after your valid 30-day notice ends.

Tip: Always keep copies of notices and document when and how you delivered them to your roommate.

What Happens After Filing?

Once you file the proper complaint, the court will set a hearing date. Your roommate has a short window to respond. If you win the case, the court issues a Writ of Restitution, allowing law enforcement to remove your roommate if necessary.

Summary of Action Steps

• Try to resolve the issue directly with your roommate
• Deliver the correct written notice to vacate (record delivery)
• If the roommate stays past the notice period, file a Forcible Detainer (Eviction) case in Arizona Justice Court
• Attend the court hearing with all your evidence and documentation
• If granted possession, follow court instructions for a Writ of Restitution if needed

FAQ: Evicting a Roommate Not on the Lease in Arizona

1. Can I remove a roommate in Arizona if they are not on my lease?
   Yes. If your roommate is not on the lease and refuses to leave after reasonable notice, you can follow Arizona’s eviction process as their "landlord."
2. Is a 30-day notice required for all roommate removals?
   Most situations with unpaid rent or no written agreement require a 30-day notice. Use a 5-day notice if there is criminal activity or threats to safety.
3. Do I need my landlord’s permission to evict a roommate?
   Not for the roommate eviction process, but check your lease for guest or subletting clauses. Your landlord may have rights if unauthorized occupants are involved.
4. What happens if my roommate damages the property during removal?
   You may be liable to your landlord for damages, but you can seek reimbursement from your roommate in small claims court.
5. Can the police help remove my roommate?
   Only after you have a court order (Writ of Restitution) from a Justice Court judge. The police won’t evict without a legal order.

Need Help? Resources for Renters

• Arizona Court System – Landlord and Tenant Disputes
• Arizona Department of Housing – Renter information and assistance
• Arizona Law Help – Eviction Process (PDF)
• For local rental assistance or legal support, contact your county’s Justice Court or local legal aid office

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1. Arizona Residential Landlord and Tenant Act (Arizona Revised Statutes Title 33, Chapter 10)
2. Arizona Judicial Branch – Self-Service Center: Landlord & Tenant Disputes
3. Arizona Justice Courts – 5-Day Notice to Vacate
4. Arizona Justice Courts – Complaint and Summons (Forcible Detainer)

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