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Unlawful eviction??? Tenants rights... HELP!!

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mana_lerie

Junior Member
What is the name of your state? Utah, Tooele

I am new to this site, and will try to explain the situation with as much detail as possible. I will change names, for obvious reasons. (Using a name will help me explain better)

A very good friend of mine, "Rose" has been renting a room on a month-month basis. There are 8 people living in the home. Five roommates (including the owner of the home "Henry"), and Rose's 3 children, ages 9, 4, and 2.

Rose is a self employed single mother, making just enough money to cover her share of the rent. I do not believe Rose signed any written rental agreement.

Approximately two weeks ago, Henry left his account on a shared computer unlocked, and Rose found hundreds of "very graphic" pornographic images of children. Rose's boyfriend Rick immediately called the police. The computer was confiscated, and Henry was arrested, and is being investigated by the FBI. The FBI is even concerned that Rose's daughter may be a victim, but they told her it will take MONTHS to examine all of the content on his computer.

Henry used his 'one phone call' to call home and speak to one of the other roommates "Sandy" Henry told Sandy to tell Rose he wanted her out by the first of November(giving a verbal eviction of about 10 days).

Henry has since given power of Attorney to his Mother, and still expects Rose to be out by the 1st. They told her that if she is not out by 10:30am tomorrow, the sheriff will be there to throw her out. Rose has not been given any written notice of eviction.

Rose is trying with all she has to get out of there. I mean, the FBI is investigating Henry for this, and Rose has children living there... SHE WANTS OUT!!!! But she just needs time to get money together, and find suitable housing.

Can someone please tell me what the eviction "rules" are in this situation? An eviction notice must be in writing right? Or is verbal eviction legal? And are they allowed to just evict her without reason or notice? I always thought that 30 days was required. If you ask me, this is retaliation, that isn't a lawful eviction is it? Does anyone know of an organization that can advise Rose?

Any suggestions are greatly appreciated!!! What is the name of your state?
 
Last edited by a moderator:


BL

Senior Member
What is the name of your state? Utah, Tooele

I am new to this site, and will try to explain the situation with as much detail as possible. I will change names, for obvious reasons. (Using a name will help me explain better)

A very good friend of mine, "Rose" has been renting a room on a month-month basis. There are 8 people living in the home. Five roommates (including the owner of the home "Henry"), and Rose's 3 children, ages 9, 4, and 2.

Rose is a self employed single mother, making just enough money to cover her share of the rent. I do not believe Rose signed any written rental agreement.

Approximately two weeks ago, Henry left his account on a shared computer unlocked, and Rose found hundreds of "very graphic" pornographic images of children. Rose's boyfriend Rick immediately called the police. The computer was confiscated, and Henry was arrested, and is being investigated by the FBI. The FBI is even concerned that Rose's daughter may be a victim, but they told her it will take MONTHS to examine all of the content on his computer.

Henry used his 'one phone call' to call home and speak to one of the other roommates "Sandy" Henry told Sandy to tell Rose he wanted her out by the first of November(giving a verbal eviction of about 10 days).

Henry has since given power of Attorney to his Mother, and still expects Rose to be out by the 1st. They told her that if she is not out by 10:30am tomorrow, the sheriff will be there to throw her out. Rose has not been given any written notice of eviction.

Rose is trying with all she has to get out of there. I mean, the FBI is investigating Henry for this, and Rose has children living there... SHE WANTS OUT!!!! But she just needs time to get money together, and find suitable housing.

Can someone please tell me what the eviction "rules" are in this situation? An eviction notice must be in writing right? Or is verbal eviction legal? And are they allowed to just evict her without reason or notice? I always thought that 30 days was required. If you ask me, this is retaliation, that isn't a lawful eviction is it? Does anyone know of an organization that can advise Rose?

Any suggestions are greatly appreciated!!! XXOO mana_lerieWhat is the name of your state?
I found this on a google search :

In accordance with Utah Code Ann. § 78-36-3(b)(i) (1953), landlords that wish to terminate a month-to-month tenancy in Utah must give written notice to the ...


http://www.utahlawlady.com/freestuff/30d.pdf

http://www.utcourts.gov/howto/landlord/
 

HomeGuru

Senior Member
I found this on a google search :

In accordance with Utah Code Ann. § 78-36-3(b)(i) (1953), landlords that wish to terminate a month-to-month tenancy in Utah must give written notice to the ...


http://www.utahlawlady.com/freestuff/30d.pdf

http://www.utcourts.gov/howto/landlord/
**A: yes, the law requires termination of a m/m tenancy to be in writng. Rose has some time since she did not yet recieve proper written notice. When she does and she still can't be out she can sue L on the basis of a retaliation eviction. I am sure the police and FBI will be willing to provide assistance via testimony of the criminal action of L.
 

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