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There was never any lease and she has zero ownership interest in the home. The title is solely in the other sisters name. I have tried to talk them into getting an attorney, for some reason they are hesitant to do so. Hopefully they will realize this is a complicated issue and hire one ASAP.
You seem to be hung up on the lease. Several people have tried to tell you that it doesn't matter if there is a lease or not. It's a month to month agreement where unfortunately the rent is $0. If the person had permission to live there rent free for 13 years then she is a tenant at will. The fact that she has not had to pay rent is also irrelevant. Having a tenant means you must follow the landlord/tenant laws in that state. Since she is required to pay nothing for rent, she can't be evicted for non-paynent so the only recourse would be to give her notice. Has the family considered selling the home with her still in it? There are some buyers who may be fine with having a renter (as long as she pays).
Also, I am guessing that although sister didn't require her to pay rent, she did necessary repairs and kept up the place during those 13 years so it was an advantage to have her there. Maybe the family could help her find another place instead of using words like "Evict."
Sounds odd to me that they don't want a lawyer... There are many costly errors a landlord could make in this situation! (Yes they are landlords).
I'm still not sure what legal or business interest your husband has in the property. You stated that sibling #1 owns the property fully, correct?
Restate all the players involved with only the necessary information. I don't care if they are a sister or a brother only if they actually have legal ownership of the property.
I'm still not sure what legal or business interest your husband has in the property. You stated that sibling #1 owns the property fully, correct?
Restate all the players involved with only the necessary information. I don't care if they are a sister or a brother only if they actually have legal ownership of the property.
#1 no longer has any legal ownership, she has signed off on title giving ownership to #3.
Husband has no ownership in property. #3 wants to sell and split the profit. She asked if I would help her find out how to start the process of getting the property vacated.
#3 has to file for eviction. Usually evictions are straightforward but if she doesn't think she can handle it she can hire an attorney to do it. They might charge anywhere from $250-$500 for a full service eviction.
#3 has to file for eviction. Usually evictions are straightforward but if she doesn't think she can handle it she can hire an attorney to do it. They might charge anywhere from $250-$500 for a full service eviction.
On what grounds would you file the eviction? She hasn't missed a rent payment and the OP states nothing else violated any lease (because there isn't one). A judge would laugh that right out of court.
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.
#3 has to file for eviction. Usually evictions are straightforward but if she doesn't think she can handle it she can hire an attorney to do it. They might charge anywhere from $250-$500 for a full service eviction.
To the OP. The current owner of the property must FIRST send a legal notice to vacate after the required 15 days. Utah does not recognize guest as anyone who has established permanent residency at a location. Years of living there meets the requirement regardless if they paid rent or not. As a result, they are not guest but legal tenants.
After serving her with the 15 day notice of termination, you have to patiently wait until the legal definition of those 15 days have expired. If she is still residing at the property, you can now serve them with a 5 day notice. After the expiration of the 5 days, only at that time can you start the judicial process of an eviction.
Note, until you go to court and file, YOU ARE NOT FILING FOR EVICTION. That comes only after the expiration of the 15 day notice terminating tenancy and the 5 days notice to leave (if they have not vacated) as outlined in the 15 day notice.
Once again at the expiration of those 5 days, you can go to court and start the eviction process.
You really need an attorney because with all the family involved, who knows what agreement was reached way back. Someone needs to ensure that as the owner moves froward, they are verifying that the "T" are crossed and the "I" dotted.
#3 has to file for eviction. Usually evictions are straightforward but if she doesn't think she can handle it she can hire an attorney to do it. They might charge anywhere from $250-$500 for a full service eviction.
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.
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