I would like to share an experience that can apply to both landlords and tenants regarding who is on a lease. Whether you are a tenant or landlord you hopefully are using a written lease prepared by an attorney. But a sometimes overlooked area is the named parties in the lease; specifically all individuals, over the age of 18, who will be occupying the property. In Park City roperty management having every adult who will reside in the property named on the lease is a very important step to take for both landlords and tenants.
Tenant At Will
Tenancy at will can arise from a few different sources. For example a tenant named on the lease has allowed another person to reside in the property without permission of the landlord. This person who does not have permission from the landlord is a tenant at will. A guest at the property who refuses to leave or a tenant named in a lease whose lease has expired would also be termed a tenant at will. A final example would be a prior owner who continues to reside in a home that was purchased by another party in a foreclosure. For this post the important examples are the first two, a resident without permission for the landlord and a guest who won't leave. 
A perfect example of how things can go wrong in these situations would be a tenant named on the lease invites a person to live with them, either as a roommate, boyfriend/girlfriend, or similar arrangement. For whatever reason the living arrangement doesn't work and the tenant named in the lease decides to move out. This leaves the tenant, the landlord, and the current resident in a difficult situation. The tenant is still responsible for the terms of their lease, the landlord now has a property that is occupied by a person without a lease and the resident does not have any written agreement about their rights to the property.
Unlawful Detainer
A tenant moves from a state of tenant at will to unlawful detainer when a landlord takes action to have them removed from the property. Possible causes for action on the part of the landlord can come from a tenant not paying rent, or the landlord not wanting to renew a lease to a
tenant or allow them to rent on a month to month basis. The landlord must then post either a 3 day pay or vacate notice in the case of unpaid rent or a 5 day notice to tenant at will in the case of a landlord not wanting to renew. Once the notice has been posted and the alloted amount of time has passed if the tenant still remains in the property they are considered to be in unlawful detainer. In the example I shared above perhaps the landlord has determined that the individual remaining in the property would not make a suitable tenant or the tenant named in the lease or the remaining person are not willing or able to pay rent. The remaining individual would then be in a state of unlawful detainer.
Treble Damage
I know what you're thinking and yes, "treble damage" would make a good name for a punk rock band. However treble, in this case, has nothing to do with music. Under Utah law a landlord is able to claim treble (or triple) damage in an unlawful detainer. Damages that can be trebled, or tripled, include rent, damage caused by the tenant (in court these damages are refered to as "waste"), and the abatement (getting rid of) of any nuisance caused by the tenant. Attorney's fees can also be included in a judgement however they cannot be trebled. If you, as a tenant, find yourself in an unlawful detainer the best decision you could make is to quickly pack up your belongings and leave. Don't put holes in the walls or an other unnecessary damage as this can come back to hurt you in a court case. For landlords in an unlawful detainer it is recommended to keep accurate records for rent, waste and abatement in the event your case does go to court. Mistakes on a landlord's part could lead to a case being thrown out. In eviction cases it is always recommended that you consult an attorney familiar with your state laws or engage the services of a Utah property manager who has a working relationship with an attorney.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
