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If I invite a person to stay at my home to help ease their

 

Customer Question

If I invite a person to stay at my home to help ease their homeless situation temporarily without a specific time to vacate,such as,(You can stay until you get a job,or back on your feet,or when their relative returns home and can give them a room,) would there be a problem legally to ask them to leave prior to the above needs not being met? Put another way,If I invite a friend or family member in to my home for an indefinate stay,are they obligated to leave on my request?

 



Already Tried:
Nothing.This situation has happened in the past and could happen again. (Some family members are unstable.) Currently not an issue.

Submitted: 324 days and 2 hours ago.
Category: Landlord-Tenant
Value: $19
Status: CLOSED

Accepted Answer

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Expert:  lucy7368 replied 324 days and 2 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. If you have any questions whatsoever, or there is anything I can clarify for you, please temporarily bypass the rating system by clicking “Continue the Conversation” or "Reply" Clicking either of the lowest two options reflects poorly on me (and not whether the law favored your situation), so please reply to me if there is anything else I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

A guest does not have any legal right to remain on the premises, and can be asked to leave at any time, since you're extending a gratuity to that person. It would only be relevant if you promised to let them stay for a specified time period if the person could prove that they relied on this promise in a way that means that they will be harmed if not permitted to stay.

BUT, if the person gives you anything at all in exchange for staying with you, the law is going to give them the protections that are extended to a month-to-month tenant. So, if they're paying utilities, paying a small amount of rent, buying groceries, etc., that would give them a right to stay - at least until the end of a given month. A landlord can ask a tenant to leave at any time, on 15 days written notice.
http://www.utahlegalservices.org/public/self-help-webpages/utah-renters-handbook#MT

If you have any questions at all about what I've written, please click "continue conversation" or reply so that I may address them. It's important to me that you are 100% satisfied with the service I have provided you. Thank you.

Expert TypeAttorney
Category: Landlord-Tenant
Pos. Feedback: 97.7 %
Accepts: 569
Answered: 6/25/2012

Experience: Attorney

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Customer replied 320 days and 23 hours ago.

I had to call the police today as I came home and found a "guest" in my house with a known thief and felon.I chased the thief off and an argument ensued with the" guest".

This is what the police said,Any time I take someone into my home I'm basically an automatic landlord and will be at the tenants mercy as to when the tenant chooses to leave.Simply because my "guest" uses my mailing address that is sufficient to determine residency. The spouse of this"guest"has used my mailing address and now lives in Ohio!! According to the police,I could have another house "guest" any time certain criteria are met.

Why would anyone in their right mind extend their home to any one else with laws like this?What if your spouse invites his or her mother inlaw to stay a week and she uses Utahs laws and moves in permanently.I'll bet some legislators would overturn some laws real quick. I need something besides a renters handbook for reference.This "guest"is not only dishonest but a complete slob as well.(I missed the rest of work today out of concern for my property) How is this legal? Will Utah pay my bills if I have to play security gaurd at home?

Accepted Answer

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Expert:  lucy7368 replied 320 days and 23 hours ago.

I'm sorry to hear that this happened.

Unfortunately, no, the state will not pay for you to install a security guard at your home, and I think you would know that if the whole ordeal weren't so upsetting. If this person causes any damage to your property, your recourse is to sue and get a judgment. But, if you really think that someone presents a risk of physical harm to you or your family members, you can get a restraining order, at which point she basically has to leave.

There are ways that rights of a tenant can be conferred, which is what I said initially. Not every guest is automatically a tenant. The problem is, the police aren't allowed to make that decision. The law is very pro-tenant, so if they show up and she claims that she has a legal right to be there, it's a civil matter, and you have to go to court. Under the circumstances, it would probably benefit you to hire a local attorney to serve her with a notice to vacate (while noting that you do not acknowledge that she now has, or ever has had, any right to be there). If she doesn't leave, you can file suit to evict her after that.

Good luck.

Expert TypeAttorney
Category: Landlord-Tenant
Pos. Feedback: 97.7 %
Accepts: 569
Answered: 6/29/2012

Experience: Attorney

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