Criminal Trespass by a Long-term Guest

Criminal trespass by a long-term guest

Utah law allows an owner (or tenant, or someone with "apparent authority" to act for the owner or tenant) of a residence to remove a guest who has overstayed their welcome without going through a court process if certain requirements are met. Utah Code Section 76-6-206.4.

 

Difference between a tenant and a long-term guest

A long-term guest has been given permission (express or implied) by the owner (or tenant) to stay at the residence for 48 hours or longer, and has not provided anything of value in exchange for living there. A long-term guest is not an immediate family member of an ownder or tenant. 

A tenant has a rental agreement or lease (written or oral), has given the owner (or primary occupant) something of value in exchange for living there, or both. Something of value can include money, an exchange of labor, or contributing toward household expenses such as utilities or groceries.

 

Process

The owner's (or tenant's or person with apparent authority to act for the owner or tenant's) first step is to give the long-term guest notice to leave the residence. This notice to leave the residence can be in writing or oral.

If the long-term guest does not leave after receiving the notice, the owner or tenant can call the police and ask them to remove the guest. The police will determine whether the person is a tenant or a long-term guest.

  • If the police determine that the person is a long-term guest, they will remove the person from the residence. They could also arrest the long-term guest for criminal trespass. The police must give the guest a reasonable time to gather their belongings.
  • If the police determine that the person is a tenant, the owner could start an eviction case in court (or the tenant can start an eviction against a subtenant). See the Eviction web page for more information about that process, and forms.
  • Utah Legal Services has information that may help a tenant if a landlord is trying to have them removed under this process.

 

What if a separate owner or tenant says the long-term guest can stay? 

A long term guest does not commit criminal trespass if they have the express permission to remain in the residence from a separate owner or tenant.

However that express permission can be revoked by that separate owner or tenant or that express permission can be rendered void in some circumstances.

The express permission is void if the long-term guest or a visitor of the long-term guest does any of the following:

  • uses or distributes illegal drugs at the residence,
  • distributes alcohol to a minor at the residence,
  • commits a crime against a person or property at the residence or
  • commits a behavior that threatens or substantially endangers the security, safety, well-being, or health of other persons at the residence or threatens or damages property at the residence

The express permission is also void if the long-term guest commits a felony after occupying the residence, regardless of whether the long-term guest enters into a plea agreement for a lower offense and regardless of where the felony takes place.

The police are the ones to determine if any of these  circumstances have occurred to void (over-ride) a separate owner or tenant’s express permission to remain in the premises. 

Criminal trespass

Violation of Utah Code Section 76-6-206.4 is a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine.

 

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