Landlords in Utah often face this frustrating situation: someone other than the tenant—usually a partner, friend, or adult child—is living in the unit without being on the lease. Sometimes the lease allows it. Sometimes it doesn’t. But when that guest starts causing problems, landlords are left asking: What are my legal options?
The Legal Difference Between Tenants and Authorized Occupants
Utah law draws a clear line between a tenant and an authorized occupant.
A tenant signs the lease and holds financial and legal responsibility. An authorized occupant has permission to live in the unit but owes no rent and signs nothing.
This setup works—until it doesn’t. If the lease allows the tenant’s boyfriend to live there, he’s not trespassing. He has a legal right to stay, even if he’s not paying rent. That means police won’t remove him just because he’s being difficult, and landlords can’t simply kick him out.
When an Occupant Isn’t on the Lease but Causes Trouble
So what happens if the occupant becomes hostile, disruptive, or unsafe?
You can take legal action if the lease is being violated. For example, if the occupant threatens others, argues loudly, or creates a hostile living environment, you can serve a 3-day notice to comply or vacate.
The behavior doesn’t need to be criminal. Disturbing the peace or violating lease terms is enough.
If the situation improves, and no further issues arise, the occupant can stay. But if the problems continue, you can move forward with formal eviction. Courts may also award attorney’s fees and court costs if your lease allows it—even against someone who never paid rent.
What if the Tenant Tries to End the Lease and Come Back Later?
This tactic is common: the tenant offers to end the lease to force out the guest, only to move back in afterward.
Here’s the legal reality: if the tenant truly vacates and ends the lease, the guest loses any right to stay. You can then file eviction if the occupant refuses to leave. But you must make sure the tenant actually gives up possession. Signing paperwork and returning a few days later won’t cut it.
You can offer the tenant a new lease after the eviction wraps up—but do it cleanly and by the book.
If you’re unsure how lease termination impacts your eviction rights, review our post on 2025 Utah Eviction Law Changes to ensure your notice and filing procedures align with current requirements.
Key Takeaways for Utah Landlords
- You can’t treat authorized occupants like trespassers, even when they become a problem.
- Lease violations involving threats, harassment, or safety concerns give you grounds to act.
- Use proper documentation and legally sound notices.
- Evictions involving non-tenant occupants require extra precision—don’t rush it.
Need help enforcing your lease? Avoid costly mistakes. Let Duckworth Legal Group guide you through the process.
Contact Duckworth Legal Group Today
Whether you’re facing a disruptive occupant, a lease enforcement issue, or a potential eviction, don’t go it alone. Duckworth Legal Group offers legal clarity and strong advocacy for Utah landlords.
Call us: (801) 882-7444
Email us: info@duckworthlegalgroup.com