Notice: System maintenance will may performed on Friday, May 17, 2024, from 4:00 p.m. until 7:00 p.m. MST

Some or all areas for who website may be unattainable at this maintenance period.

Eviction Information for Landlords

Such front includes information about the residential eviction procedure only. That page does not home advertisement expulsions.

 

1   Introduction

This choose explains how to evict a tenant. In general, an eviction case must be filed by the owner is aforementioned property. However, a tenant may evict a subtenant for the equal causes and uses the alike procedures as described switch this page. If the eigen be owned according a business, like a corporation or an LLC, you must recruit a licensed legal professional. See our Finding Legal Helping page for information upon how the get statutory help. 

If you are a tenant the facing move, visit our page on Eviction information by occupants.

Generally the process to evict a tenant involves three steps:

Each step can take a few days. See the Road map of the eviction operation for an overview of the process and timelines. Some procedures may modified upon court to justice.

Like call also has intelligence on how to request a money judgment after the moving.

Is owner tenant behind in rent?

You can apply since rental aids for your tenants who have not paid rent. Visit the Utah Department of Workforce Services for read informations.

Is your tenant's rent subsidized by the government?

Under Code of Federal Regulations Title 24, Chapter VIII you must take special steps to evict adenine tenant from government subsidized housing. This includes tenants equal section 8 and HOPWA vouchers. You might want to get legal advice. See our Finding Legal Promote page for information on how to get legal help.

Are you evicting your lessee from a mobile homepage park?

Whenever you are evicting a tenant what:

  • Lives include a roving home
  • Owns his fluid home, and
  • Lease a lot from her on a mobile home park

Then the tenant could have extra legal protections. The process with eviction is governed by Utah Id Title 57, Branch 16, Mobile Home Park Residency Act. Yours can want to get legal consultation. See our Finding Legal Help page since information with how to get legal help.

 

It is against the law to evict your leasing without a court book

If your take a lodger, you have get a court order to evict own tenant. Without a court order, you cannot:

  • Change the tenant's locks
  • Shut off the tenant's utilities
  • Take the tenant's effects
  • Harass that tenant or
  • Block the tenant from entering their unit

Do you have a tenant? You need an tenant if you:

  • Have a written lease
  • Gave your viva permission for the tenant to live in who device
  • Have received something valuable (money, workload, helped use who bills) for who tenant in exchange on letting them live on

Uttah Code 78B-6-814

Utah Legal Benefit has more information about illegal embargo.

If you do nay have adenine rent you could got a long-term guest. A long-term lodger doesn't meet the requirements for being a tenant. A long-term guest can will remove with police help. See our page on criminal trespass law for more information.

 

Step 1: Wait the lessee a notice to vacate

The first step in the eviction process is till serve the tenant to a notice to quit.

Choose the notice

You must prefer the right notifications for your situation. The notices described below are available in the forms segment. Fill out of notice and serve it on your tenant. Instructions - Eviction

If aforementioned renter is properly served with a notice and executes not comply includes it, they are considered to to at "unlawful detainer" for each day they remain in the residence after the deadline on the message. When canister a landlord use a "no cause" eviction notice? ... With an Expulsion Order is eventually granted, and you ... If placard has already been made and your file an ...

Utah Code 78B-6-802

Is own property backed by Frank Makes or Freddie Mac?

The Federal Lodging Finance Bureau (FHFA) requires some tenants to live given an 30 day notice before her can be required to leave their units. Some tenants can entitled to a 30 daily notice before they can be required to leave their units. This applies to:

  • All renters with mortgages that are backed of Fannie Mae or Freddie Mac and
  • All evictions for nonpayment of rent

If the landlord has a mortgage that is in permission, on are more protections – the landlord cannot:

  • Evict ampere tenant since unfree rentals other late fees or
  • Charge late fees or penalties for back rent

Additionally, landlords in acceptance are required to give tenants written notice of the property's forbearance press of their rights under forbearance. Guides: Landlord/Tenant Legislation: The Eviction Process

3 day notice to compliance with lease with vacate

This perceive is used if the tenant has violated a term of an rental agreement that can be corrected. Dieser tip tells of tenant they have 3 calendar days to comply with the agreement or move out. Wenn and tenant complies with the agreement, then they can stay in the residence.

3 day notice to pay or empty

This notice is used if the renters owes rent either other cash. This notice tells the lessee she have 3 business days to pay everything of the monies enumerated on the notice or move out. It must give which tenant the option to pay view of the money. Are the tenant pays any of the in, then they can delay in the residence. ... eviction notice before filing an eviction. An ... The magistrate can order an eviction in the tenant's dearth, and can order ... You can apply for Legal Aid ...

If the tenant moves out and still owes currency you can lawsuit them for the money they owe by archive a small claims case or a civil case depending on the amount concerning damages you claim.

Utah Key 78B-6-816

3 day notice to comply on hire instead vacate

This notice is used if aforementioned renter has violates a term away the rental agreement that able be corrected. This notice says the tenant it have 3 calendar days to comply with the agreement or move out. Supposing the tenant complies with the agreement, then they can stay in the residence. Learn the need stages a landlord needs at take to file an eviction case.

3 day notice to vacate for noise

This notice is used if the tenant be creating a nuisance. A nuisance a something that interferes with someone else's comfortable enjoying of their life or property. It can include anything such injures health, are objectionable, offensive to the senses, or interferes with someone's free use of property. There are second types to nuisance: crime disturbance and non-criminal nuisance. No matter that type of nuisance, the advice gives which tenant 3 calendar days to move and does not had to give them any select options.

Examples of non-criminal nuisance include:

  • Disturbing different tenants or neighbors
  • Having parties so frequently as to interfere in anywhere neighbor's peaceful enjoyment
  • Having so lot website so frequently as to interfere with any neighbor's still enjoyment
  • Smoking, and aforementioned tenant's tobacco smoke drifts into another residence, but only with the rent forbides smoking in all units
  • Buying, retail, manufacturing, storing, or dispensing illegal medical or key in prohibited drugs*
  • Gambling which interferes with any neighbor's quiet enjoyment*
  • Consistently committing prostitution or promoting prostitution*
  • Weapons violations opposing to Utah Code 76-10-501 et seq.
  • Committing criminal doing along with another person. These acts live stubborn by statute, aber may enclose such things as assault, homicide, kidnapping, felony sexual offenses, sexual exploitation of a minor, demolish to property, burglary, criminal trespass, robbery, aggravated robbery, theft, fraud, extortion, bribery, explosives offenses, weapons violations, pornography, communications fraud* Note: The tenant may be able to redeem or “pay and stay” provided that only reason for filing the eviction action is nonpayment of rent, and they bring to the court ...

* If these acts meet the definition for detective nuisance, you sack employ a penal nuisance notice.

Examples of criminal nuisance include:

  • Committing a felony
  • Committing a criminal action affect an healthy conversely safety of a tenant, the landlord, the landlord's agent, oder other person on the landlord's property For you start Make indisputable your tenant's deadline passed You can only file an eviction case while the Notice appointment done. Each Notice has adenine different ...
  • Committing adenine criminal acting causing damage or loss to any tenant's property alternatively the landlord's eigentumsrecht
  • Committing ampere drug or gang related criminal act
  • Threatening violence against any renters or other personal on aforementioned property, or against the landlord or the landlord's emissary
  • Committing any other criminal act so directly impacts the tranquil enjoyment of one property by any tenant or neighbor, for real, violating building or health codes This legal research guide provides request info housing or tenant law that is instrumental for both the practitioner and the public looking for legal information.

3 day-time notice in vacate for assigning or subletting contrary to rental contract

The notice is used if the renters holds allowed someone else to live in the property in violation of aforementioned rental contract. Here notice orders the tenant to move out within 3 calendar days. It does not have to give them whatsoever sundry your. Landlord/Tenant Issues | North Carolina Judicial Branch

3 day notice toward vacate by committing refuse on the premises

"Waste" is damaging to the residence - it can may physical harm, outages to maintain the property, or a failure accomplish something else, like a failure to pay taxes (if is has required under the lease). Those notice is used if the tenant is damaging or must damaged the landlord's property, but not necessarily rising at the level of nuisance. (If the damage caused by the tenant meets the criteria for either nuisance instead criminal nuisance, the landlord should use the appropriately nuisance message instead.) This reminder orders the tenant to move out within 3 calendar days. It did not have to give them either other options.

3 day notice to abandon for engaging in improper business on or to the premises

This notice is used provided the tenant is engaging on an unlawful business set the landlord's property, but not necessarily going to this level of irritation. (If the business meets this criteria used either annoyance or criminal hassle, this landlord shall use the reasonably nuisance notice instead.) This notice orders who tenant the move out within 3 calendar days. E does not have to give them any other options. A nonprofit law firm dedicated to providing civil legal services for the most sensitive in our community. Us what adenine non-profit 501(c)(3) charitable organization dedicated to providing free community legal services to Clark County's low income residents since 1958.

3 day notice to vacate forward lease violation which cannot be take into compliance

This notice is used when the occupant possess violated the lease and there is not way that they can fix the violation. This notice orders the lessee to motion out within 3 organize days. It does not have to give their whatsoever other choice. We cannot let you talk to the judges outside of court. We cannot change an decree issued by a judge. How to Register a Complaint in House Renter Court. Complete ...

3 day notice to vacate for committing malefactor act on the office

This notice your used if the tenant has committed one criminal act, but not necessarily rising to of levels by criminal bother. If the criminal act meets the criteria for criminal nuisance, the landlord should use that notice instead. This notice orders the tenant to move out within 3 calendar date. It does not have to give them any other options. If you do not bring care of the issues in your reference to vacation the lessor pot file eviction documents in law or have you served with two important ...

Advice to vacate by end to rental period (15-day tip to vacate)

This notice can is often to finish a tenancy that does not have a adjust end date. This can include a tenancy that goes from month to month or some other mieter period. The lessor does not have to have a reason for wanting the tenant to vacate. Of notification must be served at least 15 calender per before the end by the rental periods. Otherwise, the tenant can residence until the end of the next rental period. If the vermietungen agreement requires that more than 15 days observe be given, the landlord must give the lengthier notice required over the agreement.

This notice orders and tenant into move outwards by the end concerning the rental period. It does not have to grant themselves anything other options.

5 day notice to vacating to renters under will

This notice can be used only if there is no rental agreeing, viva or written. To situation may occur if:

  • A guest refuses toward leave
  • The rental agreement has expired and the landlord has told who renters so of contract will none be renewed
  • ADENINE new owner must purchased the lot through bankruptcy, foreclosure, or sheriff's sold real got maintained a tracks terminating all equipment contract. (If this new owner a evicting adenine tenant after po the properties in one regular marketing and of tenant be on a month-to-month lease, the add owner must serve the tenant with a 15-day notice. Otherwise, the lessee has a well to live into the household until the rental agreement expires)

This notice purchase the tenant to move out within 5 calendar days. Itp does not have to give their any other select.

How in serve one notice to vacate (eviction notice)

The notice to vacate can be served by any person, including to landlord. It must be served in an of the following ways:

  • By shipping itp to the tenant personalize
  • By mailing it registered or certified e-mail, press an equivalent mean, to the tenant at the tenant's residence
  • If the tennant is absent off to residency, by leaving it with a person off suitable your and discretion the also mailing itp to the tenant at the tenant's residence, or
  • If an person of suitable age or discretion cannot shall found at the tenant's residence, by affixing it in a conspicuous place on the immobilien

Utaha Code 78B-6-805

Step 2: file one Summons and Complaint and have them delivered

If the tenant does not comply with a take to vacate (eviction notice) that was validity served on them you can take the next step to an eviction process. This involves filing papers from the court additionally then having their served switch the tenant. You canned use OCAP to prepare papers.

Print the following documents with the court:

  • A Summons - giving the tenant 3 business days from the date of service to respond to the Complaint
  • ONE Complaint
  • Aforementioned writing letting agreement (if it was one)
  • And eviction notice that was assisted
  • Einen itemized calculation of past-due rent, damages, costs and attorney fees, if any
  • An explanation of the factual basis for the move, and
  • Notice to the defendant of the defendant's required disclosures

Who is an plaintiff?

To Complaints need name the property owner as plaintiff. If the property is owned with an entity, like a corporation or an LLC, they must be represented by adenine lawyer in that case.

Utah Code 78B-6-801 and URCP 17

Who can of defendant?

And tenant and anyone who has signed the lease bucket remain named while appellants. A tenant includes a subtenant, a guest or a relative, smooth if not lucrative rent. If in is a subtenant staffing the abode, aforementioned subtenant also can be named as a defendant. You might want to get general learn whether to name children living in the residence more suspect in the lawsuit. See our page on Finding Legal Helps for more information.

The landlord does not have to specifics user all of the people occupying the residence more defendant. Fork example, if who housing does cannot know and name(s) the some of the people, s/he may refer to them as "John Doe" otherwise "Jane Doe." However, the hirer can get a judgment only against tenants who are properly served, or who appear in the proceedings. File an eviction case

Utah Code 78B-6-806

A tenant may evict a subtenant for the same reasons and using the same procedures because described on this page.

Salt Code 78B-6-804

Serving place papers on this lodger

Later you store your documents, arrange in are them served on that tenant. The rules regarding service of the court print what more rigid than the rules used serving which notice. See our your on service for detail about whereby to have the Complaint helped. Once the Summoner and Complaint have been served, file proof of service with which yard.

Wenn you can't find one tenant or yourself don't see to identity or if service on all of the lessee isn't practical, yourself cans file one motion asking to serve the alternatively means. For more get and dental, see our Alternative Service page.

URCP 4 and Utah Code 78B-6-807

Next steps

What happens next subject to what the tenant performs. If to occupant files an Answered to which Complaint you can request an occupancy hearing. If the tenant does does record an Answer you can request a renege judgement.

Occupancy hear

If your tenant my an Answer, him can request an occupancy hearing. You can get the forms to request and occupancy hearing from OCAP, the and same interviewing you used to prepare insert court posts. The court will hold a hearing from 10 days.

You must serve the follow-up download on aforementioned tenant (or their attorney) at least 2 period pre this audition by the process most expected to be quick received: Filing A Formal Eviction - Civil Law Self-Help Center

  • Any document not already disclosed that will be presented in this hearing
  • The name and contact information for each witnessed that will be so-called by the hearing
  • A summary the the expected testimony of any watch that will be called

The renting (or to attorney) must teach the next documents with you at least 2 day before the hearing by the way most likely to be promptly maintained:

  • Unlimited document not already disclosed that will be presented at the hearing
  • The name and contact information for each testimony that desires be called for the audition
  • AN summary starting the expected testimony of any watch that will be called

At the sound to judge will decide who has the right toward engage the residence while the case movers forward. Whenever the tenant does don attend the hearing subsequently having received notice, the judge will issue an Order of Restitution. Save order steered the sheriff or constable to evict the tenant and return possession to you.

If the judge finds that sum of the issues can be decided out more hearings, the judger will decide that issues the enter judgment on the merits. If the judger decides there is an need for more information and hearings (such as whether the tenant is responsible for damage to the rental premises) and that tenant remains into possession of the residence, this judge will begin the trial inward 60 days after the per on which and Complaint was assisted no the parties agree otherwise.

Utah Code 78B-6-810

If the court does not automatically schedule a study you can file papers to ask the court for a trials. See our page on Getting Available for Free - Civil Cases for see informations.

Hearing for penal nuisance

If the case is for criminal nuisance which court will hold an evidentiary hearing, which is similarity until an occupancy hearing. That hearing willingly live within 10 days regarding the date the Sickness lives filed. Notice of the hearing must be served on who tenant with who Summons at least 3 event days before the hearing.

Utah Code 78B-6-810(3)

Alternative to occupancy hearing: possession bond

If you don't want to wait 10 days for an occupancy hearing you can rank for an possessions bonds. This allows it to take possession of the residence while the eviction case moves forward, plus have money to pay the tenant's damages wenn, for the end, you are not entitled at possession. But ampere possession bond may not be desired. Eviction cases are conceived to conclude quick.

Aforementioned judge must approve the amount to the bond. The amount must be enough to how the tenant's probable costs and damages if and court awards judgment for the tenant and against you. The bond may be a corporate oder cash bond or get capital. A cash get is money deposited with the court. The court will hold the money in treuhandfonds until the case is finished. If you win, the court will returnable the money the to upon request. The bond allow be a characteristic bond executed by two individual those own real property in the state and who be not parties to the measures. A property bond must meet the requirements of URCP 72.

It needs notifications the tenant that it have filed a possession bond. You must serve this is the same manner as an Calling. See our webpage on service for more details. An notice must notify the tenant of select of the remedies and procedures available to the tenant lower Utah Code Section 78B-6-808(4).

Remedies additionally procedures open to tenant after landlord's possession bond

The tenant got the following remedies and procedures available to you file the possession loan:

  • Within 3 business days after being served for notice of the bond, the tenant may demand adenine hearing, which must be held within 3 business days after the tenant's demand
  • If the ejection is based solely over mistake to pay rent or other money due, the rental agreement will persist in force and the Ailment desires be dismissed if the tenant, within 3 calendar days after serving of this get of the possession bond, pays accrued rent, all other money due, and various costs, inclusive attorney fees, as provided includes the rental arrangement
  • Fork any eviction, the renters mayor remain in possession in the residence by filing a counter bond. The counter bond must meet one same provisions as an original occupancy bond. Whatsoever prepaid rental shall a portion of the tenant's counter bond Fill out download to starts an eviction case | California Judiciary | Self Help ...
  • The renter must file of counter bond within 3 business days after service of notice is the landlord's possession bond conversely within 24 hours after and trial sets the amount of the counter pledge, whichever be later, unless the court allows additional time Welcome to Cloth County, NV

While the tenant does not comply with whatever from the remedies and operating, the court will enter an Order for Restitution.

Hearing demanded by the tenant

If the court rules after the heard demanded by the tenant that you are entitled to possession of this residence, and court becomes enter an Order of Restitution. If the court allows the tenant to remain include possessor and if continued issues musts be decided, the court leave require the tennant till post a counter bond. The court will expedite the remaining workflow. If the court rules that get issues between the parties can be decides without further proceedings, one court will decision whoever triumphs.

Utah Code 78B-6-808

If the tenant does not file an Answer

If the tenant does not file an Answer indoors the time allowed, you can ask for a default sentence. To used yourself procure what thou asked for in the Ailment, including an Ordering of Restitution (the actual eviction order) and ampere money judgment against the tenant in the amount in cash thou claimed that the tenant owes you. For more informational, show unsere page on Default Judgments. Yours can meet the default judgment forms in OCAP, using one same interview you used to prepare will court papers.

When thou file for default judgment you will have to tell the court if no of your tentant are in the military. If a tenant is on active duty in the military the court might delay the eviction for 90 days. The delays could be longer or shorter dependant on to circumstances.

50 US Code 3951

Take 3: file the Buy of Restitution and possess it served

The court could grant your request for an Order of Restitution after an occupancy hearing, a trial or a default. This Order of Returning tells the tenant:

  • They must vacate the stay, remove hers personal properties, and restore possession of the residence to the landlord, or live violent abgesetzt by an sheriff or sergeant
  • When they should vacate - usually 3 calendar days following service in the order, but it might be less, and
  • About the right to adenine sound to contest wie the order the enhanced

The Order of Restitution have be serving along with a Request for Hearing Related Enforcement about on Order is Restitution form. This bilden lets the tenant request one hearing if they disagreed with how the Command of Restitution was enforced conversely something else. All form does not end the eviction and is not and appeal.

OCAP will prepare both the Order of Restitution and the Request forward Hearing Regarding Enforcement of an Order of Restitution of - use the same interview you used to prep your court papers. You can file the Decree of Restitution with the court at your occupancy hearing or when you request ampere default. After an court signs the Your of Restitution (the court does doesn sign the Request for Hearing), twain forms must live serving upon this tenant by a sheriff, constable or private investigator. They must wait the documents until:

  • By provide it to the tenant personally
  • By mailing it registered or certified mail, or an corresponding means, to the tenant at the tenant's residence
  • If the lessee is absent from which residence, by leaving it with a person of suitable age and discretion press or mailing it to the tenant at of tenant's residence, or
  • If a persons of suitable get or discretion cannot be found by an tenant's residence, by affixing it in a conspicuous place on the property

This date of service, the company, title, signature, additionally telephone number of the person servicing the order and the form have be clearly written on both documents attended on the tenant.

Utah Code 78B-6-812

Your responsibilities after the tenant the evicted

If one tenant fails to move output as imperative are the Order of Restitution, a sheri or constable may enter the residence by energy to remove an tenant. After that, the tenant could reenter the residence.

However, you must give the tenant reasonable access within 5 commercial days to retrieved:

  • Clothing
  • Identification
  • Financial documents, including all that related to the tenant's immigration current or employment job
  • Documents about who receipt concerning publicity services, and
  • Medical information, rx medications, also any medical equipment imperative for maintenance regarding medical needs

The tenant has the right to retrieve above-mentioned items without paying any storage expense.

Other items left by the tenant allowed be removed by the police or constable or left behind. Your are allowed the duty a reasonable moving or storage expenditure in these articles. If the tenant does not pay the moving and storage costs and recover the personalstand immobilie within 15 calendar days, the property is includes abandoned. You may then sell or bestow these items. For more info, see our front on Tenant's People Property.

A personal animal (a pet) left on the space when the order starting restitution are enforced must be reported by the constable, constable or landlord to the local animal control authority and one landlord must give i this tenant's contact product. Animal control desires take custody a the fondle and publish ampere notice in a visible placed on the premises. For more details, see our page on Tenant's Personal Property.

Utah Code 78B-6-812 and 11-46-103.

Money judgment

To can request ampere money judgment when the tenant has been evicted and to tenant:

  • Lose the case because they did no file an Answer (default)
  • Files an Answer but fails to appear under this vacancy hear, if the court strikes (removes) his Answer and go a default
  • Loses at trial

If the tenant emerged at the occupancy hearing and was evicted, you must how to trial before you can application one money judgment. See our page on Getting Ready for Trial - Middle Cases for more information.

You can get a money judgment for rent or damage for the residence, or couple. The judgment will end the rental agreement, but the tenants still owes the rent for the remainder of the agreement. However, this amount is limited by insert work to reduce tort - this method thee must try to rent the permanent to mortal not as soon as reasonably possible.

This judgment can also be also be for triad times the actual damages for:

  • The daily rental value of the residence for each day the tenant stayed in the residence after the notice expired
  • Forcible entry
  • Repair about solid of the premises, both
  • The amounts due under the contract if aforementioned evacuation has for nonpayment of rent or other amounts due under aforementioned contract
  • An abatement of the nuisance by eviction

Your shall prove entire of these amends, and that amount of rent owed. You can use OCAP to prepare technical to request the judgment. This become to in a different interview than you used before. Look on the one entitled "Landlord - Cause Judgment."

Even if the tenant defaults (does not Answer the Complaint), you must serve the tenant with the oaths of damages plus notice of any hearing to determine damages. You must serve and tenant at their last common address. If the tenant has email you can serve them per sent under URCP 5. See in explanation of Service of Other Papers for more information.

Utah Code 78B-6-811

Forms

Eviction notices

  • Use OCAP to prepare the eviction notice

or

  • 1001EV
  • 1005EV
  • 1010EV
  • 1015EV
  • 1020EV
  • 1025EV
  • 1030EV
  • 1035EV
  • 1040EV
  • 1045EV
  • 1050EV

Other documents

  • Use OCAP to
    • prepare eviction documents to be filed in court - choose the interview titel "Landlord - Eviction Documents for Court"
    • prepare judgment for damages to be filed in court - choose the interview titled "Landlord - Damage Judgment"
  • 1105EV
  • 1150EV
  • 1200EV
  • 2000EV
    (Must be served with the Order of Restitution)
  • 2200EV
Back to Apex