UTAH EVICTIONS

UTAH EVICTIONS An Overview of the Eviction Process 

To recover possession of real property, a landlord must proceed according to Title 78, Chapter 36, of the Utah Code.

1. First, the Utah landlord must actually end the tenancy, by delivering to the tenant a "Notice to Quit." This notice must be given before filing an eviction case. Any defects in the notice may cause dismissal of the case, requiring the landlord to begin the process again. The type of "Notice to Quit" and how much notice (time) is required is determined by the tenant's status (i.e., a tenant at will or a tenant under lease). Regardless of the type of tenancy, though, the law requires the use of a summary process action to evict. However, the requirements for a "Notice to Quit" can vary widely depending upon how the person came to reside or remain at the property.

3. After being served with the Summons and Complaint, the tenant must file with the court an "Answer" within the time listed in the Summons. The Answer allows the tenant to explain to the court and the landlord why he or she should not be evicted, defenses against the court action, and any claims against the landlord. If the Answer is not filed on time, the landlord may ask for a default judgment and "Order of Restitution" against the tenant. The "Order of Restitution" directs the sheriff or constable to forcefully evict the tenant. If the tenant files a timely Answer, the case will proceed as a civil case under the Utah Rules of Civil Procedure (discovery, trial, etc.)

4. After the complaint has been filed, the landlord may move the case along more quickly by filing with the court an "Owner's Possession Bond," and serving notice upon the tenant. This is usually done when the tenant has answered the Complaint, eliminating the possibility of a default judgment. The Owner's Possession Bond must be approved by the court in an amount equal to the probable amount of costs of suit and actual damages to the tenant if the eviction action was brought improperly.

How Do I Evict a Tenant?

The eviction process in Utah is a four-step process.

1. The landlord must serve an eviction notice.

2. If the notice is not obeyed, the landlord must file a court action, which allows the tenant to present defenses in court.

3. If the judge rules for the landlord, the judge will enter an order for the tenant's eviction by a sheriff.

4. A landlord must follow the law closely in order to evict a tenant. A notice must say exactly the right thing, and must be served on the tenant in the right way. If the landlord makes a mistake, a tenant may be able to get the case dismissed.

You may complete the documents required to initiate an eviction by using the UTAH Online Court Assistance Program. Click here to begin.

How Do I Respond to an Eviction? If your landlord tries to evict you for a good reason, the fact that you have a baby, are pregnant, just lost your job, or have nowhere to go will not prevent a judge from evicting you. Also, if you stay after receiving an eviction notice, you could be liable for three times the daily rent for the days you stay there after the notice expires. Here are some general tips:

• An eviction begins with the service of a summons and complaint. The summons notifies tenants that they are being sued and that, to protect their rights, they should "answer" (reply) within a specified period. The complaint explains the lawsuit and tells the landlord's side of the story.

• You may wish to contact a lawyer in order to answer the summons. If you do not answer the summons, you will lose the right to explain your version of events, and a judge may issue a default judgment in favor of the landlord.

• If you must prepare the answer yourself, respond paragraph by paragraph to each statement in the complaint, saying whether or not you agree with it. Next, make two copies of your answer. Give the original to the court at the address listed at the top of the complaint, send a copy to the landlord or the landlord's attorney, and keep a copy for yourself.

You may complete the documents required to respond to an eviction by using the UTAH Online Court Assistance Program. Click here to begin.