Tenant with no lease and a new owner in Utah (renew, house)
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Wrong. This is not an eviction case. It's a simple 'notice to vacate' the could turn into an 'eviction'
The OP needs to step away and let sister #47474 find her own lawyer and deal with her own mess. This not for the novice or the faint of heart.
I'm in Nevada and I imagine Utah is similar in eviction process. Evictions are not difficult to do so if you want to save yourself the money you can do the court filing yourself. Some people are overwhelmed by it but it's no different than filing a small claims case. OP can serve the notice to vacate and if she feels it's too complicated to file the eviction, then she can hire an attorney.
I'm in Nevada and I imagine Utah is similar in eviction process. Evictions are not difficult to do so if you want to save yourself the money you can do the court filing yourself. Some people are overwhelmed by it but it's no different than filing a small claims case. OP can serve the notice to vacate and if she feels it's too complicated to file the eviction, then she can hire an attorney.
This is not an eviction case. Haven't you been reading the thread?
Not yet, but if the tenant doesn't leave after the 5 day notice to vacate is delivered, it will be.
State law in Utah to terminate a MTM lease is minimum 15 days if lease agreement does not specify a longer notice to terminate. Based on what the OP stated there is no lease. So not sure where you are coming up with this 5 day notice to vacate or non-renew the tenancy.
Utah eviction processes have a 5 day notice to vacate IF certain criteria are met. After evaluating the OP's story, OP will need to serve a 15 day notice.
The notice to vacate is the first step in the eviction process. I could omit the later steps for when a tenant refuses to vacate but when I answer questions I try to be as thorough as I can.
15-day notice to vacate
This notice can be used if the tenant is renting the premises from month to month (or some other period), and the landlord wants the tenant to move out at the end of the month. The landlord does not have to have a reason for wanting the tenant to vacate. The notice must be served at least 15 calendar days before the end of the month. Otherwise, the tenant can stay until the end of the next month. If the rental agreement requires that more than 15 days notice be given, the landlord must give the longer notice required by the agreement.
This notice orders the tenant to move out within 15 calendar days. It does not have to give any other options. If the tenant does not move out within 15 calendar days after notice, the tenant is "unlawfully detaining" the premises.
5-day notice to vacate to tenant at will
This notice can be used only if there is no rental agreement, oral or written. This situation may occur if:
a guest refuses to leave;
the rental agreement has expired and the landlord has told the tenant that the contract will not be renewed;
a new owner has purchased the premises through bankruptcy, foreclosure, or sheriff's sale and has received a title terminating all rental contracts. (If the new owner is evicting a tenant after purchasing the premises in a regular sale and the tenant is on a month-to-month tenancy, the new owner must serve the tenant with a 15-day notice. Otherwise, the tenant has a right to live in the home until the rental agreement expires.)
This notice orders the tenant to move out within 5 calendar days. It does not have to give the tenant any other options. If the tenant does not move out within 5 calendar days after notice
I might be reading this wrong, but it looks to me like the 5 day notice would apply.
@leavingutah - You can serve both. If the court accepts the 5 day notice, great. If not you can fall back onto the 15 day notice.
Also you were worried about sister in law #2 destroying the house in retaliation for the eviction. Sister in law #3 can offer cash for keys if she's worried about destruction of the property.
Last edited by ddrhazy; 09-24-2015 at 04:27 PM..
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