Getting tenants to leave the premises
My daughter and her boyfriend have rented the downstairs of my home but have never paid the full amount of rent. My husband and myself gave them thirty days notice to move on January 1, 2003 that they needed to be out on February 1, 2003 as we have put the house up for sale and we needed to get it cleaned and ready. We went over to the house on January 30, 2003 to start cleaning the upstairs and my daughter and her boyfriend came upstairs and started verbally attacking us, telling my husband he had no right to be there and that he needed to get out of here and he was calling my husband foul names and getting very threateningly close. There was never any rental agreement signed as she was my daughter so now I don’t know what steps to take to get them out as of today. Do I just call the police or get a lawyer. I am now afraid to even go over to the house to clean. What should I do?
Re: Getting tenants to leave the premises
You gave them 30 days notice, which is all that is required. Now send them a “3 day notice to quit” meaning they have 3 days to get out. On the 4th day you can file with the court to have them forcibly removed. This is a process called unlawful detainer. You will need an order from the court for a sheriff to remove them from the apartment.
Your son-in-law is absolutely wrong. If he is renting the basement, he has no rights to the upstairs. Have your husband return with an officer or deputy. If your son in law objects, the police can keep him in check.
Do not let them intimidate you. Regardless of the fact that this is a family matter, you should stand firm. At some point in life they need to learn to be responsible. From your facts, it can be inferred that they are not being responsible with other aspects of their life. This may be a time for “tough love.” You can be pleasant, but firm.
I would recommend hiring an attorney. They you can tell your daughter that you are just following the advice of the attorney, because you have to sell the house. That will help avoid a face to face confrontation. Tell them to deal with your attorney. You may also want to consider finding them a place (inexpensive) to live and paying one month’s rent. That may be less expensive than hiring an attorney. Don’t sign or pay for more than one month’s rent though.
Alvin Lundgren
Alvin R. Lundgren, L.C.
5015 W. Old Hwy 30 Ste 200
Mt. Green, UT 84050-9752