Landlord Question and Answer Forum

We are in UT. Tenant is on a month lease with a 60 day notice. Tenant gave 60 day notice and we are now at the end of the 60 days and the tenant doesn't appear to have packed and it does not look like she is ready to move out and has not paid for the first 8 day in October that are due. We want her gone ASAP, what are my steps to do that? She owes money for the first 8 days of October as well as $90 for late fees. How do we collect past due amounts as well as get her out. If we do the quit letter and accept $ due we continue a month to month agreement, right? What are our options.

The situation you have is a holdover situation. Start eviction proceedings. In Utah "when he continues in possession, in person or by subtenant, of the property or any part of it, after the expiration of the specified term or period for which it is let to him, which specified term or period, whether established by express or implied contract, or whether written or parol, shall be terminated without notice at the expiration of the specified term or period" you can go and file without notice. BEWARE though - if you collect ANY rent it could void out your rights to evict. Check with your attorney.

Posted by Donna , NC on Wednesday, September 9, 2009