By Christopher Combs
April 1st, 2017
Boyfriend is Just an Implied Tenant, and Can be Evicted
Question: Two years ago our daughter’s boyfriend moved into the Gilbert home our daughter has owned since 2011. Her boyfriend gets drunk all of the time, is a womanizer, and abuses both my daughter and her two young children. The police have been called but do nothing. Our daughter’s boyfriend refuses to move out and says that, because he has lived in the home more than two years, he and our daughter have an equal right to live in the home. Is that correct?
Answer: No. Your daughter is the owner of the home, and her boyfriend is only an implied month-to-month tenant in the home. This implied month-to-month tenancy can be terminated upon a thirty-day written notice of termination from your daughter to her boyfriend. If her boyfriend has not moved out after this thirty-day written notice, your daughter can file an eviction lawsuit.
Note: If your daughter and her two young children are being abused, however, a court can issue a protective order to require the boyfriend to immediately move out of the home.