QUESTION
How fast can a HOA evict illegal tenants?
Asked on Aug 31st, 2012 on Landlord and Tenant Law - Utah
More details to this question:
A homeowner has people living in their home who were not approved by our HOA. All homeowners and renters need to be approved by the HOA. The property management company indicated that they need to send two letters (approximately 2 months) before eviction process. Considering that these people are causing a nuisance to the community, 2 months seems like a long time. How quickly can the HOA evict these people?
7 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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As quickly as the law will allow.
Answered on Sep 05th, 2012 at 4:45 PM
The HOA does not have "standing" (i.e., the legal right) to evict the tenants because the contract (i.e., the lease) is between the owner/landlord and the tenants. The HOA may be able to take action against the owner, but not the tenants.
Answered on Sep 05th, 2012 at 4:45 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It must go to housing court as fast as the process works.
Answered on Sep 05th, 2012 at 4:23 PM
Leonard A. Kaanta
That would be 120 days.
Answered on Sep 05th, 2012 at 4:19 PM
Dennis P. Mikko
If the tenants are there illegally, you would need to send them a 30 day notice to quit. If they did not move, you could then file suit to have them evicted. The process could take as long as two months.
Answered on Sep 05th, 2012 at 12:36 PM
There are state eviction statutes, but you might want to check with the local district court to find out if it has its own quirks or procedures. Follow them and file for eviction with the local district court. What causes delay, usually, is not following the procedures. Unfortunately there's not much else you can do short of offering the illegal tenants a cash sum to voluntarily move out sooner. Good luck!
Answered on Sep 05th, 2012 at 12:31 PM
Lisa Hurtado McDonnell
It depends. HOA can start the process by giving them fifteen day notice to stop the violation of the lease or vacate. If they do not stop or vacate, then the HOA can give them a three working day court order stop or vacate. If they do not stop of vacate the H0A serve them with complaint and summons. They have another three working days to answer the court complaint and if they request a hearing. Then the court will schedule a hearing and if they lose the court will order them to vacate.
Answered on Sep 05th, 2012 at 12:27 PM