How can I evict a squatter in my home who has filed a protective order against me and made it where I cannot even go to my owned home?

UPDATED: Aug 6, 2012

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How can I evict a squatter in my home who has filed a protective order against me and made it where I cannot even go to my owned home?

She is my mom and has no lease and is not paying any of the bills. She has already allowed the water to be shut off and has taken controlof ky home. Can I have her served a five day notice so I can get back into my home. She isn’t taking care of it and also allowing my persnal belongings to be removed.

Asked on August 6, 2012 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If she was a tenant of yours (renting from you), you can evict her for nonpayment of rent (if she's not renting), for violating lease terms or deliberately or grossly negligently damaging your property (if she is doing that), at the end of her written lease term, or on thirty-days notice if she has an oral lease. You would need to file an eviction action in court.

If she had been a guest at some point (allowed to stay) but has since refused to leave--which seems to be the case from what you write--you would file an ejectment action (similar to an eviction action) against her. No notice is required, but again, you have to go through the courts to get her out.

Let an attorney help you with this. A lawyer will know what kind of an action to file, what notice (if any) is required, and will be able to file the action for you. Good luck.

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 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.

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