What laws do I need to be aware of for evicting my friend from my house?

He has been living at my parents’ house for 1 1/2 years; he signed no papers/pays no rent. I told him 2 weeks ago that he had 2 more months but then had to move out. However, now I’m realizing that it will be later rather than sooner. And I think I may need to get legal with it.

Asked on October 29, 2015 under Real Estate Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since your "friend" never paid rent, he will not be considered to be a tenant. He will, however, most likely be deemed to be what is known as a "licensee". This is someone who entered and remained on a premises with permission. 
Now that such permission has been revoked, the lawful way to remove him from the premises is to serve him with a notice to quit (under these circumstances this notice can be for a little as 3 days or as much as 30 days depending on the state).  If he fails to leave at the end of the specified time, your arents will have to go through the requisite procedures for eviction in their state. Once a court enters an order for him to vacate the property, it will be enforced by a sheriff who can use physical force if necessary.
What your parents need to do now is to speak directly with a local attorney. They will advise them on the correct procedures for all of this. If they fail to comply with the correct legal procedures, they could find themselves on the receiving end of an unlawful eviction lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.