What to do if a trustee is trying to handle an estate and there someone residing in the residence rent free, has not paid any bills in the past 18 months, and is refusing to leave?
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What to do if a trustee is trying to handle an estate and there someone residing in the residence rent free, has not paid any bills in the past 18 months, and is refusing to leave?
They are refusing to leave.
Asked on July 19, 2017 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the person had been a tenant--i.e. had been paying rent, under either a written or an oral (unwritten) agreement--she can be evicted for nonpayment of rent. When a tenant fails to pay rent, they can be removed through an eviction action. (If she were a tenant, she could stay *if* she paid ALL the back rent due and owing, plus late fees if in the lease.)
If the person had been a guest, not a tenant, the trustee can simply provide her written notice to leave, since non-tenants (i.e. guests; anyone there who does not own or rent the property is a "guest") can be asked to leave at any time. If she does not leave, then an "ejectment action" (basically, "eviction for nontenants," though the procedure differs from eviction) can be filed to remove her.
Either way, unless she is a tenant who is up to date on her rent and completely honoring her lease, she can be removed by the appropriate legal action. A landlord-tenant attorney will know how to do this; the trustee should hired one.
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