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Utah Eviction Process

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Utah Eviction Process    |    Utah Eviction Notice
Eviction Notice

When you are done reading about the Utah Eviction Process below, we recommend you purchase the corresponding Utah Eviction Notice to be delivered to your Tenant.

Eviction in Utah:

Utah Eviction Laws
The landlord tenant laws in Utah regarding the Utah Eviction Process are contained in the Utah Code, Title 78B, Chapter 6, Sections 800 - 816. These laws are statutory, meaning they were passed by the Utah State Legislature. If you are a landlord in Utah, it is a good idea to read and become familiar with these laws.

Utah Eviction Notices
The first step in the Utah Eviction Process is terminating the landlord tenant relationship by serving a Utah Eviction Notice. In Utah, there are different kinds of Eviction Notices for different situations. The most common is the 3 Day Pay or Vacate Notice which is used to evict a tenant for not paying the rent. It gives the tenant 3 days to pay the rent, vacate, or else be sued for eviction. Another common Utah Eviction Notice is the 3 Day Notice to Comply or Vacate which is used to evict a tenant for not following the terms of the lease.

A Utah landlord must serve a 15 Day No Cause Notice in order to end a month to month lease or give the tenant notice that a regular lease will not be renewed. Before serving this notice, the landlord should look carefully at the written lease, as it may require 30 days notice instead of 15.

In order to evict a guest who will not leave, or evict a tenant who has stayed past the end of their lease, the landlord must serve a 5 Day Tenant at Will Notice to the tenant.

Methods of Serving the Utah Eviction Notice
There are a few different methods of properly serving a Utah Eviction Notice. Service must be done properly, and the landlord must be able to prove the service was done property, in order for service to be effective: -Personal Delivery is where the landlord literally hands the tenant the Eviction Notice. -Posting. This is where the landlord post the Eviction Notice in a conspicuous place on premises because no body answered the door. -Registered or Certified Mail. Do this at the post office so you get the receipt. -Hand Deliver the Eviction Notice to a person of "suitible" age who is at the premises, AND mail the notice (both must be done for service to be effective).

Unlawful Detainer
After the tenant has been served, and the notice time has expired, the next step in the Utah Eviction Process is the landlord filing a lawsuit against the tenant called a "Unlawful Detainer" lawsuit. The landlord files this in the District Court for the area where the property is located. If not sure, the landlord should call a District Court to find out. Upon paying a filing fee, the District Court Clerk will prepare a Summons and Complaint. This will be delivered to the tenant by the Sheriff or Constable telling the tenant they are being sued for eviction, and that they have 3 days to answer the Complaint. If the tenant does not answer in the 3 days, then the landlord wins the case automatically (called a default judgment). If the tenant does answer, then the case proceeds as a civil case, and ultimately the judge or jury will render a decision after a hearing or a trial.

Order of Restitution
After the landlord has won a judgment against a tenant (by default or otherwise), and the tenant still has not vacated, the next step in the Utah Eviction Process is the landlord obtaining an Order of Restitution. This is a court order that directs the Sheriff or Constable to forcibly remove the tenant.

Next Step: We recommend you purchase the corresponding Utah Eviction Notice to be delivered to your Tenant.

This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges' rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.