Elizabeth Crego

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Brigham Young University: B.A. (2001) | English; 1998 - 2001; Honors: Cum Laude

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Q. I bought a place, rented it for a few months, lease is up, she is late but won't go. I need to move in my place: January 28, 2021; A: I think there are some details that need to be considered before determining what you can do. You said your lease is up, but it's unclear as to whether the lease for the property you own is up. If it is not, you will have to wait until the end of the lease period unless she fails to pay rent or breaches the lease agreement in another way. Note that eviction for failure to pay rent may be significantly more complicated now due to COVID-19 emergency procedures. If the lease is up and she is holding over, the process would likely be much simpler. I suggest reaching out to a landlord tenant attorney in your area to go over the details and get more comprehensive advice.

Q. I have a tenant who is late on rent the last few months. I have given her time considering COVID situation. Options?: November 18, 2020; A: You can proceed with giving her a 5 day pay or vacate notice, and then filing an Unlawful Detainer in court five days after she receives that notice. The Unlawful Detainer, if granted by a judge, gives you the right to file a Writ for Eviction, which is what the sheriff uses to evict her. There are some procedural things to take into consideration, some of which have changed or will change due to COVID. I would at least check with the local court for their procedures before beginning this process, and I recommend speaking with an attorney to talk about your specific situation.

Also, you do have the right, as the landlord, to enter the property. You have to give reasonable (at least 24 hours) notice to the tenant before entering. She does not have to be there and does not have to meet you to discuss the rent issue, but she is legally obligated to pay rent. ... Read More

Q. Tenant is not picking up Phone calls and not responding to texts or emails asking for rent: November 17, 2020; A: I agree with Mr. Maloof. I would also add that you have the right to enter the property after giving reasonable notice to the tenant (at least 24 hours notice). You can't just knock on the door and walk right in, but the tenant has to let you in if you give them notice you are coming by.

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