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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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