Unwanted house guest

[Reavertide]

Jurisdiction

Utah

A family member was evicted from their residence, so I let them stay for a few days to let them find a place. I've already told them they need to leave and it's been 3 months. Utah has a great law that apparently the police do not know about. 'Criminal trespass by a long term guest'. The police should remove the guest, but when I speak to the police they say the guest is a tenant because they have been there for more than 3 days. I don't want to evict them as they have been found to steal. I want them out today.

 

[army judge]

I don't want to evict them as they have been found to steal.

You CAN'T evict anyone.

You can file an eviction action before the proper local court.

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In Utah, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include nonpayment of rent, staying after the lease ends, violating lease terms, illegal subleasing, committing waste, and illegal activity.

Even so, proper notice must first be given before ending the tenancy.

Grounds Notice Period Curable?
Nonpayment of Rent 3 Days Maybe
End of / No Lease 15 Days No
Lease Violation 3 Days Maybe
Subleasing 3 Days No
Committing Waste 3 Days No
Illegal Activity 3 Days No

Utah Eviction Process (2022): Grounds, Steps & Timeline
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West Valley City, UT - Tenant Eviction Notices | Kick'em Out Quick®
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Eviction Information for Tenants
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[adjusterjack]

Utah has a great law that apparently the police do not know about.

Oh, they know about it. They just have better things to do. You'll just have to read the statute to them and go up the food chain if they won't act.

Here's an article from the Utah court system about it.

Criminal Trespass by a Long-term Guest (utcourts.gov)

Here's the statute.

https://le.utah.gov/xcode/Title76/Chapter6/76-6-S206.4.html

Safeguard your valuables.

Then give a copy of the statute along with written notice to your guest to leave by the end of the day.

If they don't leave, read the statute to the police when you call.

 

[Zigner]

Oh, they know about it. They just have better things to do. You'll just have to read the statute to them and go up the food chain if they won't act.

Here's an article from the Utah court system about it.

Criminal Trespass by a Long-term Guest (utcourts.gov)

Here's the statute.

https://le.utah.gov/xcode/Title76/Chapter6/76-6-S206.4.html

Safeguard your valuables.

Then give a copy of the statute along with written notice to your guest to leave by the end of the day.

If they don't leave, read the statute to the police when you call.

While what you say is accurate, the simple fact is that the OP cannot force the police to act. In fact, from your own link (the utcourts.gov link) is the following:

If the long-term guest does not leave after receiving the notice, the owner or primary occupant can call the police and ask them to remove the guest.The police will determine whether the person is a tenant or a long-term guest.

• If the police determine that the person is a long-term guest, they will remove the person from the residence. They could also arrest the long-term guest for criminal trespass. The police must give the guest a reasonable time to gather their belongings.
• If the police determine that the person is a tenant, the owner could start an eviction case in court. See the Eviction web page for more information about that process, and forms.

(emphasis added)


Notice that the police get to make the determination whether or not to treat the matter as a tenancy. In this case, they clearly have done so.

 

[army judge]

Notice that the police get to make the determination whether or not to treat the matter as a tenancy. In this case, they clearly have done so.

Correct you are, citizen.

Law enforcement agencies and their agents are given great authority and discretion as they enforce our laws, preserve our peace, and protect the citizenry along with property.

Just because a law allows the law enforcers to do something, doesn't allow the citizenry to command or demand they act as the citizen desires.

 

[adjusterjack]

Notice that the police get to make the determination whether or not to treat the matter as a tenancy. In this case, they clearly have done so.

My take on the OP's post is that the police just shined her on over the phone.

Once she gives written notice to the guest and visits the police department personally to make an official report, she may get better results.

 

[Zigner]

My take on the OP's post is that the police just shined her on over the phone.

Once she gives written notice to the guest and visits the police department personally to make an official report, she may get better results.

...a fair enough point and suggestion.