When Your Roommate Becomes a Threat: Eviction vs. Orders of Protection in Arizona

Names and key details changed to protect anonymity.

I’ll never forget the day Maria walked into our office.

Tears welled in her eyes, and her voice trembled as she explained how she was scared to go home. Her roommate started making threats, slamming doors, and exhibiting erratic behavior. She was terrified to sleep in her own room. This wasn’t just an annoying roommate. Maria feared for her safety, and she needed that person gone. Fast.

Unfortunately, this is a situation we've helped clients with hundreds of times. Roommate relationships can deteriorate, and when they do, the legal system offers a few different roads to get to the same destination: safety and separation. Choosing the right route can mean the difference between quick protection and weeks of unnecessary delay. Your facts dictate the right path. 

Let’s walk through the two primary options in Arizona: the Eviction Process and Orders of Protection.

Why Choosing the Right Legal Tool Matters

The law isn’t one-size-fits-all. Whether you’re a landlord or a tenant, it’s crucial to match your legal action with your specific facts. A roommate who’s failed to pay rent is a very different problem from one who’s violent or threatening. We often see people define "harassment" subjectively when the law has a specific definition.

Ask for advice because the wrong legal move could delay your ability to regain control of your home. If you do things wrong, it may even escalate the danger. 

Here are the paths to consider:

Option 1: Eviction (Forcible Detainer) Process in Arizona

If the roommate is on the lease or considered a tenant (they're not just a temporary guest), and the issue is related to rent, lease violations, or disruptive behavior (not necessarily criminal), the eviction process may be your best tool. Here’s a quick overview:

• Notice: In most cases, you must serve a written notice (5-day, 10-day, or immediate) depending on the reason for eviction. For violence or serious threats, a 5-day notice for health and safety violations under A.R.S. § 33-1368(A) may apply. Don't just tape it to their door. It needs to be hand-delivered or sent via certified mail.
• Filing a Complaint: If the tenant doesn’t comply, you file in the appropriate Arizona Justice Court.
• Hearing: Usually held within 3-6 business days.
• Judgment & Writ: If granted, you may obtain a Writ of Restitution to have the constable or sheriff remove the tenant within a few days.

Pros:

• Results in clear possession rights.
• Includes monetary judgments (e.g., for damages or unpaid rent, etc.).

Cons:

• Can take 1-3 weeks or longer.
• Requires proper notice and court procedure.
• Less effective in urgent "dangerous" situations.

Option 2: Order of Protection (OP)

If you fear for your safety due to threats, harassment, or violence, especially from a roommate or former intimate partner, an OP may provide faster and more targeted protection.

To qualify:

• You must have a qualifying relationship (current/former roommate, spouse, romantic partner, etc.).
• You must allege an act of domestic violence, which includes threats, intimidation, harassment, assault, or trespass.

Process:

• File the request (often same-day approval).
• No hearing required unless challenged.
• Law enforcement serves the OP free of charge.
• The court may grant exclusive use of the premises to you, meaning your roommate can be legally removed immediately.

You can file for an Order of Protection online through the Arizona Judicial Branch at azcourthelp.org, or in person at most city and justice courts.

Pros:

• Fastest route to remove someone dangerous.
• No filing fee or attorney required.
• Gives you protection against further contact.

Cons:

• Must allege and demonstrate domestic violence.
• Temporary and subject to challenge.
• Does not resolve lease or monetary issues (separate actions may be needed).

Which Path Should You Choose?

The best option depends on your goal:

• Safety First? If you fear harm or harassment, get an OP immediately. It grants fast protection and can remove the aggressor quickly.
• Lease or Rent Dispute? If your issue is financial or about contract violations, the eviction route is typically more appropriate.
• Both? In serious roommate disputes, we often recommend pursuing both routes. Start with an OP for safety and file for eviction to resolve lease rights, deposits, and damages.

How Tucker Law PC Can Help

At Tucker Law PC, we have decades of experience navigating Arizona’s landlord-tenant and protective order systems. Whether you’re trying to evict a violent tenant or respond to a court order that suddenly locked you out of your own property, we know the exact steps to take to protect your rights, your safety, and your home.

If you're in a dangerous or stressful roommate situation, don't wait. Reach out today to schedule a consultation. We'll help you choose the right legal roadmap and walk you through every step.