Utah Eviction Process

 

If a tenant does not voluntarily move out after the landlord has properly given them the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in district court.

In an unlawful detainer lawsuit or eviction lawsuit, the property owner or landlord is called the “Plaintiff” and the tenant is called the “Defendant”.

An unlawful detainer lawsuit, unlike a regular lawsuit, moves forward very quickly (called a summary proceeding). The time given for a tenant to respond in an unlawful detainer is very short.

The Eviction Notice.

The eviction process begins with service of an eviction notice. The most common include:
1. 3-Day Notice
1. Non-Payment of Rent
2. Failure to Comply with Lease
3. Waste or Nuisance
2. b. 15 or 30-Day Notice to Terminate Tenancy
   Each of the notices outlines the action required by the tenant and the number of days they have to perform the required action. During the allotted period, the tenant may comply with the requirements of the notice and remain in the property.

Initiating the Eviction Litigation – The Summons and Complaint.

If the tenant fails to comply with the terms of the notice, including failing to vacate the property, an eviction must be initiated in order to remove the tenant. The following are possible scenarios in the eviction process:
1. Default Case. If the tenant is served with the summons and complaint and fails to respond, a landlord may ask the court to grant them a default judgment and order of restitution (an order forcing the tenant to vacate the property).
2. Contested Case. If the tenant files an answer responding to the complaint, the court will hold a trial in which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. The landlord also may have to pay the tenant’s attorney fees, if the rental agreement contains an attorney’s fee clause and if an attorney represented the tenant. If the court decides in favor of the landlord, the court will issue a writ of restitution and judgment against the tenant. The tenant also may have to pay the tenant’s attorney fees, if the rental agreement contains an attorney’s fee clause and if an attorney represented the tenant.
3. Possession Bond. In a contested case, a landlord may request that the court set a possession bond, the probable amount of damage to the tenant as estimated by the court, which is served on the tenant. Once a bond has been filed with the court and notice of the bond has been served on the tenant, the tenant has three days to request a hearing, file a counter-bond, or vacate the property. If the tenant fails to perform one of the required actions within the time allotted, then the landlord may seek an ex-parte (without having to notify the tenant) order of restitution.

Sheriff or Constable Lock Out.

Once the court issues the order of restitution and three (3) days after the order has been served on the tenant, a sheriff or constable will lock out the tenant. A representative or agent of the landlord must be present to change the locks on the property.