Can a tenant of an apartment kick out a person listed as an occupant?

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Can a tenant of an apartment kick out a person listed as an occupant?

.I have given a 30 day notice to the person that is listed on my rental agreement as an occupant. This occupant has not paid rent or help with any utilities since the day that she moved in? The complex says that they aren’t sure that I am able to legally do this.

Asked on July 14, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is this person who is not paying rent a co-tenant under the master lease with the landlord with you? meaning, did you, the landlord and the person who is not paying rent sign the lease? If that person did not sign the lease, but is sharing the unit with you and not paying rent, how did this happen? Did you allow her to simply move in and not sign the lease?

If the "occupant" of the apartment that you are sharing did not sign the lease as a tenant, but solely described as an occupant, it seems as though you can serve an evcition notice upon him or her and proceed in a court action. This answer assumes that the "occupant" sharing the unit with you is not a tenant of the landlord and that there is an implied subtenancy agreement between you and her where you are essentially her landlord.


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