Do I have to give him a notice?

[cin85210]

What is the name of your state (only U.S. law)? Arizona

My boyfriend and I are arguing all the time, last night he took my truck (his name is not on) and stayed out all night. I am tired and want him to move out.
He is telling me he does not have to. This house is mine (he is not on the mortgage) we have nothing in writing. And this is affecting my two children (which are not his)
Do I have to give him a notice or can I have him move out.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Arizona

My boyfriend and I are arguing all the time, last night he took my truck (his name is not on) and stayed out all night. I am tired and want him to move out.
He is telling me he does not have to. This house is mine (he is not on the mortgage) we have nothing in writing. And this is affecting my two children (which are not his)
Do I have to give him a notice or can I have him move out.

you have to give him notice, and if he still doesn't move out, you have to have him legally evicted through the court.

he didn't steal your truck either, I suggest you keep harder hold of your keys.

 

[cin85210]

I was not asking about my truck. But since you posted. I contacted the police department and asked them. Yes if I would have called them why my truck was gone it would have been stolen. He has never driven it nor had permission to drive it, he does not even have a valid drivers licence. They said I could still press charges on it. But that was not the point, I was asking about kicking him out.

 

[Proserpina]

I was not asking about my truck. But since you posted. I contacted the police department and asked them. Yes if I would have called them why my truck was gone it would have been stolen. He has never driven it nor had permission to drive it, he does not even have a valid drivers licence. They said I could still press charges on it. But that was not the point, I was asking about kicking him out.

And you've received the correct answer.

You must follow Arizona laws pertaining to eviction. He is legally a tenant.

 

[Gail in Georgia]

Is there actual domestic violence between the two of you or are you just tired of each other? Any protective order in place?

If so, there are some guidelines to protect the victim in a rental situation:

http://www.azag.gov/civil_rights/TenantRightsResponsibilities.pdf

However, your posting appears to focus more on a case where a couple has grown tired of each other. If so, you need to go through the process of evicting said boyfriend to get him out.

Gail

 

[applecruncher]

If you really want him gone, permanently, you can evict him thru the courts. Yes, you have to give him written notice.

But why go thru all that? When he comes back, all lovey dovey, you'll be in love with Prince Charming again and you can continue to play house. Until the next time. Whether it affects your children or not . . .as you've been doing all along.

 

[Proserpina]

If you really want him gone, permanently, you can evict him thru the courts. Yes, you have to give him written notice.

But why go thru all that? When he comes back, all lovey dovey, you'll be in love with Prince Charming again and you can continue to play house. Until the next time. Whether it affects your children or not . . .as you've been doing all along.

I wonder if this is the same guy from about 18 months ago..when she was asking about his kids...

 

[HomeGuru]

I wonder if this is the same guy from about 18 months ago..when she was asking about his kids...

**A: if so maybe he took her truck to see "his kids."

 

[jhast]

Since he is not on the lease, wouldn't she just be able to call the cops if he doesn't want to leave?

 

[Proserpina]

Since he is not on the lease, wouldn't she just be able to call the cops if he doesn't want to leave?

No.

He is legally a tenant.

Otherwise I'm fairly sure we would have advised OP to do just that.

 

[Who's Liable?]

Since he is not on the lease, wouldn't she just be able to call the cops if he doesn't want to leave?

Common misconception; if there is no lease, they must not be a tenant.

Once a person establishes tenancy, a month-to-month lease is automatically created by the state to protect the now new tenant and new landlord.