Squatters Rights Utah?

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Latest post 08-28-2011 8:47 PM by Drew. 5 replies.
  • 08-28-2011 6:59 PM

    • AlexCole
      Consumer
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    • Joined on 08-28-2011
    • UT
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    Squatters Rights Utah?

    My mother owns a home in Utah fully in her name.  A few months ago she allowed her sister to move into the home to care for her other fully disabled sister.  My mother works in this area a few days a month and stays in this residence during these days, the other days in her second home in another area of Utah.  There was never a lease signed.  All the arrangements made have been verbal.  My aunt that was allowed to move in does pay utilities.

    Recently an argument insued causing my aunt to go ballistic.  My mother in return decided the aunt (and her son) needed to leave her home packing up her belongings.  My aunt called the police and the police told my mom that my aunt has squatters rights.  That she could actually kick the door down and be entitled to live there.  My cousin, my aunt's son, has a gun in the home and in addition because of the odd behavior and arguments my mom fears to be there with these people who have seemingly taken possesion of my mom's home.

    I'm getting all this information from my very upset and distraught mother from afar feeling pretty helpless.  How is this legal?  I've contacted the police department to try to get a clear understanding, however, have not received a response.  

    The simple matter is my aunt owns no part of this home and has no signed lease.  Yes, all of her possesions are there and moved in but that's all.  How can she be allowed to stay there?

  • 08-28-2011 7:14 PM In reply to

    Re: Squatters Rights Utah?

    AlexCole:
    How is this legal?

    Because your aunt pays utilities and gets her mail there.  In most states including UT that makes her a tenant not a guest.  

    AlexCole:
    Yes, all of her possesions are there and moved in but that's all.  How can she be allowed to stay there?

    Because the bad news is she is a tenant.  The good news is there is no lease which makes her a month to month tenant and therefore all Mom has to do is give ALL the squatters 30 days notice to vacate and get out.  If they don't at the end of the 30 days then she can legally evict them.  Double check she may be able to give as little as 5 days Tenant At Will Notice.  Utah even has a 3 day criminal nuisance notice which she may qualify for because of the gun issue.  Mom has rights she will just have to really steel herself to use them and get them out.  Keep in mind it may also require going to court and filing formal eviction papers if they are determined to stay.

    She can find the full information about UT LL/Tenant laws here:

    http://www.utcourts.gov/howto/landlord/#4

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 08-28-2011 7:30 PM In reply to

    Re: Squatters Rights Utah?

    And if your Mom fears for her safety, she can take out a protective order against the two of them and probably have the police remove them immediately.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 08-28-2011 8:18 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,590

    Re: Squatters Rights Utah?

    Not all shared occupancy arrangements make one a tenant--it requires a detailed review of Ut L-T laws--which is beyond me.  In short one can merely boot a mere invited guest.

    And to pay some costs does not make one a tenant.



  • 08-28-2011 8:27 PM In reply to

    Re: Squatters Rights Utah?

    Drew:
    And to pay some costs does not make one a tenant.

    There was WAY more than that going on.  The aunt agreed to provide care and supervision for a disabled adult as well as provided utilities in exchange for being able to live there.  In addition to moving her personal belongings in and receiving mail there it would VERY easy to convince a judge that she was a tenant and not an invited guest.  

    It is FAR easier to go ahead and comply with LL/Tenant eviction laws and get it right than to try and weasel and get it wrong; lose and have to put up with the lunatics far longer than Mom wants to.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 08-28-2011 8:47 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,590

    Re: Squatters Rights Utah?

    A person recieving housing in return for providing services may fall under a different area of law if the employment is terminated.

    But I sort of agree--if the eviction process in UT is swift and sure and OP follows it it a T then by all means get it started today 



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