Can I kick her out?

Question

I bought a house in Pleasant Grove, Utah recently. The seller had a "tenant" living with them, but no lease agreements were in place.

When I bought it, I told her I may be able to let her stay there while I remodeled it, but with the understanding that I could tell her to leave with a week's notice.

After a couple days, I searched her on Facebook. One status caught my eye:

"I'm thinking one last huge rager at my house on Friday October 14th before I have to move out. I want everyone there and bring everything and everyone. Let's go big or go home hahaaa! Mark your calendars!"

followed by numerous comments between her and her friends plotting to make this party pretty destructive.

I immediately texted her and told her that plans have changed, and she needed to be out of the house in a week.

She told me she was going to be out of town all week and couldn't possibly move out (which I confirmed was true).

I ended up giving her two extra days and telling her that if she didn't arrange for everything to be out of there by the deadline, that I would take all her stuff to a storage unit.

MY QUESTION is...

Do I have to legally evict her from the property if she won't cooperate? Do I have the right to haul her stuff to a storage unit? Since there was no rent/lease agreement?

I would highly appreciate answers!!

Bryan O. · Answer

@Justin Hammond Go there for a site inspection asap. Take pictures, videos, whatever you need to establish the condition of the property. Make sure she understands that she is responsible for any and all damages when she moves out. Consider also attending the party ;)  If it's an open invitation on FB you aren't in the wrong to accept it. Bring camera... who knows, maybe you'll get some better pictures than just the property.

Gail K. · Answer

Tell her you've become aware of her plans to have a destructive "rager" planned on October 14th and if she doesn't cancel this party, the police will be notified about it and she'll be the first one arrested.

Gail

Account Closed · Answer

What could go wrong?

http://www.nydailynews.com/sports/football/ex-nfl-...

Colleen F. · Answer

You would evict her based on state laws. My brother had to evict relatives who would not leave in NJ.  You could make the condition for the remainder of occupancy no parties.  Notify the neighbors that you are the new owner and you will be rehabbing. If they see any problem before you start  give you a call.   I would note the party date and call the cops as soon as people show. You can install an exterior security camera for the duration of her tenancy and the rehab with remote access.

David Faulkner · Answer

I like to pick all of my own tenants ... all my properties were vacant when purchased, but if not I would want them vacant at COE and make it a condition of the contract. Either that, or if I'm going to be inheriting the previous owner's problem tenant, then I better be getting an even larger discount for my troubles. I buy distressed properties at a discount, though, and not turnkey. Sure, occasionally I still run into a tenant that goes bad and I need to deal with it, but it is nobodies fault but mine when that happens.

To answer your question, though, I don't know UT laws, but I would be shocked if you did NOT have to legally evict her if she doesn't leave voluntarily. I would also be equally shocked if you could legally haul her stuff off to storage before you evict her.

Michaela G. · Answer

Since the tenant was 'living with them', I would think that means that she had a room and share of the common areas.

So, having bought the house, you should have access to the main bedroom that the seller lived in and put someone in. Maybe find some tough guys - I have once used bounty hunters to spray paint a house number on a drug dealer tenant's unit, because the marshall wouldn't serve the eviction notice and process server was scared. Tenant had taken down the brass number - and have them stay for 24 hours during the time that includes the party

Michaela G. · Answer

That last rager would scare me. She might invite everyone to tear up the property.

Some years ago, in California - so, different state laws - I bought a house and seller had a 'friend' living with him. We were going to close 2 days before auction date and I had a hell of a deal, so I bit my teeth and let the 'friend' stay for a week. Well, he decided to not move out, so I had to go through the eviction. He made it kind of nasty, filing false police report that I was supposedly at the house, breaking in and taking all of his tools. I was in another city at the time and could prove it.

Anyway, if you haven't told her about knowing about the party, I would find someone to stay there and pay him to act as contractor, that's staying over on those days to study the house

Kurt K. · Answer

@Justin Hammond As a new landlord, I recommend all property owners do their homework of landlord / tenant laws. Each state can differ, so I can't tell you what the laws are in UT. So I can't really can't tell you want to do besides it sounds like the best option is eviction. Maybe someone from UT that is more familiar with the laws can help. But you need to do your homework.

It sounds you might be better off doing the rehab work with no one living there. That way you won't invade their privacy during that time which would be a challenge. Especially with an inherited tenant, that can cause problems. And hopefully you can up the rent some for the next tenant.

Good luck.

Ralph C. · Answer

Please consult with your states tenant laws.

At the very least it would have been wise to have something on paper once you took over  to Set the expectations.

Basically to cya.

John Thedford · Answer

Refer to your state statutes. Eviction may be your only option.

Can I kick her out?

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