Salt Lake City, UT asked in Landlord - Tenant for Utah

Q: I have live with my mother for 12 years now. She is now in a nursing home. Can my brother the trustee evict me?

I have taken care of my mom for 12 years, he has came to see her twice. I got a notice to be out in 5 days? Only signed by him. Is that legally binding? My mother is still alive

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: The legal owner of a property has the power to evict anyone living there. If you have a rental agreement, the owner will be required to follow the terms of the agreement. If you don't have an agreement, and you haven't been paying rent, you will often qualify as a guest. Guests get a limited form of notice compared to renters.

If someone refuses to leave when they receive a notice from the legal owner, the owner has the right to go to court and sue for an eviction. When they succeed in obtaining an eviction order, a constable will show up to enforce the order and force you out of the home.

If your mother put her home in a trust, and she named your brother the current trustee of that trust, then he has the right to evict you on behalf of the trust. If your mother is still mentally competent, she may also have the right to change trustees depending on how the trust is written.

If you have a copy of the trust, you can show it to an attorney to be sure your brother currently has the authority to evict you.

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