Re: mygrandmas having problems with her renters ha
Get the Nolo Press book(s) on landlord law ASAP. They are still a good general guide on landlord/tenant law even if one has not been written specifically for your state. I would suggest this even if you hire somebody to help you as even a professional can screw-up at times or even run up a bill on you. I would strongly suggest that you not try any quick fixes over this weekend before you have the legal information for your particular situation.
I would suggest that you be very careful about recording conversations for use in court... Although Utah appears to be pretty reasonable about the use of recordings (one part must know the recording is taking place), it appears that you could get
into trouble if you tape inside somebody's home (or even on private property if not "near" a public point of access--such as a street?):
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Utah Code Ann. § 77-23a-4: An individual legally can record or disclose the contents of any wire, oral or electronic communication to which he is a party, or when at least one participant has consented to the recording, unless the person has a criminal or tortious purpose in making the recording.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Utah Code Ann. § 77-23a-3.
Unlawful interception of communications, including disclosure of the contents of a communication with reason to know of the illegal origin, is a felony — except that when the communication consists of the radio portion of a cellular telephone call, it is a misdemeanor. Civil liability for unlawful interception can include the greater of actual damages, mandatory damages ranging from $50 to $1,000 depending on whether it is a first or subsequent offense, $100 per day of violation or $10,000. Utah Code Ann. § 77-23a-11 (1999).
Installing a hidden camera or audio recorder to tape a person in a "private place" without consent is a misdemeanor. Utah Code Ann. § 76-9-402. A "private place" is a place where one may reasonably expect to be safe from intrusion or surveillance. Utah Code Ann. § 76-9-401.
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Again, I strongly suggest an attorney or some other person with
lots of experience in evictions help you--probably even with the initial contact.
If you don't know what you are doing, you will probably screw it up if the renter knows what they are doing (and if he is a bad renter, he may have very well already gone through an eviction before).
I am not a lawyer--but it appears that the phrase "tortious purpose" may mean that you cannot record if you intend to do something illegal with the recording (such as blackmail?). Again, only your lawyer would know for sure.
Also, please notice that I am looking up every suggestion being made by myself or others. As a landlord you are running a business and you must know the law to protect yourself. Doing something like turning off the power sounds nice and simple, but, even if you are morally correct, you are still legally wrong and subject to fines, damages and/or other penalties. I have done this before (turning off power because of somebody who moved in when they were supposed to be just storing their belongings) and it I was very lucky that they did nothing to me (based on what I had read later). But I will not make that mistake again (of being a Mr. Nice Guy or turning off the power to a residence).
Sorry if it looks like I am trying to scare you into getting professional help/information--but I am. Most immediate solutions are prohibited. Even if you can get him removed based on a warrant--he still is in possession of the property and you will have to follow rules (typically 24 hour notice before you enter the property--unless there is an urgent need such as pets or leaky pipes, etc., proper legal notices, care and storage of personal property, etc.) and be careful, because he may have friends/girl friend still living there--As they will probably also be considered residents of the rental property too (unless you can prove they have only been there a few days and you can prove the "renter" did not sublease to them--which could be hard to document--especially if the "renter" does not want to help you).
Other than "legally" posting of the first 3/5 day quit or pay rent notice and a 30 day notice of termination of tenancy (and supplying an "updated rental terms and conditions agreement", I personally, would not start the eviction process unless I had a Landlord Law book in my hand and had the time to follow it to the letter. And plan on this being a 3 month process of torture for you and your Grandmother if they choose to let the process run its course. She probably will not get any money for damages/legal costs because A. there is no written rental agreement and B. they probably don't have any money (otherwise, they would be paying rent).
Don't turn this into something personal--as this would tend to increase the risk of damage to the home and/or other problems too.
My Best Wishes and Prayers for your Grandmother,
-Bill
PS: It sounds ugly, but if they have already trashed the place (holes in exterior walls, ceilings, and/or failing stove, plumbing, electricity, fire hazards, sewage smells, etc., you might get the city/county to condemn the place--and forcing them to move out without an eviction and before they have time to do more damage... Although, this would probably be a last resort as you would now have the city involved in the cleanup/permits and the tenant can sue you for not maintaining the dwelling (ain't being a landlord fun? /ubbthreads/images/graemlins/wink.gif ).
Keep a log of all attempts at contact (just a single small bound notebook with date/time/notes made at the time of each event can be helpful in your defense--if ever needed) for your defense. -BB