Leases and Evictions

Leasing the Property of a Deceased Person

Administering an estate or trust can take years, making it desirable or necessary to lease out real property to keep up with holding expenses or other requirements.  If the property is occupied, it is best for the executor or trustee enter into a formal lease agreement with any tenant occupying the property - including a beneficiary of the estate who is using the property.  For sample forms, see the lease agreements and eviction notices available from:  Utah Eviction Law  

If a beneficiary will rent the property but not pay rents, the lease agreement with the beneficiary should make clear whether or not the unpaid rents should accrue against and be deducted from the beneficiary's share of the estate or trust.

Evicting a Tenant

If a Tenant leasing real property from the estate does not pay rents or causes damage or other problems with the property, it may become necessary to evict them.  Eviction is subject to formal notice and court processes depending on the type of tenancy the occupant has in the property.  Landlords, including trust or estates acting as landlords, must comply with these laws.  For eviction notices and forms, visit Utah Eviction Law.  Consulting with an attorney before evicting a client is recommended and can help the process go more smoothly.