I own my home and had my best friend move in and rent out my spare room. He has decided to stop paying his portion of rent this month. What rights do I have in kicking him out?
Its not about your rights, its about protecting the rights of all parties involved. You will have to formally evict in accordance with AZ statutes. (pay or quit notice, unlawful detainer suit). Can be done in small claims, no lawyers. Clerk at local court can direct you how to proceed, what forms to fill out, what fees to pay (likely under $100 total).
Under Arizona law, if you have no written lease, a month-to-month tenancy will be presumed. You will need to serve him with a five-day notice that unless he pays the rent, he will be evicted. If five days pass without him paying the rent, you file a forcible detainer action against him in the justice court that has jurisdiction over your property. A hearing will be scheduled, and the judge will evict him plus enter a judgment that he owes you the rent plus court costs and fees
With all due respect to Mr. Rafter (the Virginia attorney who posted an answer), in Arizona, you CANNOT evict a tenant in small claims court, nor would you want to. Small claims court will take much longer (i.e., several months) than an eviction action (i.e., about two to three weeks). Also, DO NOT count on the court clerks to give you any advice on how to proceed. You need to serve the tenant with a "5-Day Notice to Pay or Quit." I've included a link for a free form. If the rent is not paid within the five days, then go to the justice court that has jurisdiction over your rental property and file an "eviction action" (previously known as special detainer actions, but are now referred to simply as eviction actions). A process server must serve your tenant with the eviction action documents (i.e., a Summons and Complaint). You must appear in court on the initial hearing date. If the tenant does not appear, you will get a judgment by default. If the tenant does appear and has a defense (a "legal defense"), then the judge will schedule the case for trial later that day or within the next couple days. The process sounds easy and, frankly, it sometimes is easy, but it is also sometimes much more complicated than the landlord initially thought. I recommend retaining an Arizona landlord/tenant attorney.
