A Utah eviction notice empowers landlords to initiate tenant eviction proceedings. This notice adheres to Utah state law, delineating the eviction grounds and granting the tenant the legally stipulated time to address the situation or vacate the property.
Eviction Laws & Requirements
- Eviction Laws: Utah Code Part § 78B-6-801.
- Rent Payment Grace Period: 3 days (§ 78B-6-802(1)(c)).
- Notice of Non-Compliance: 3 days (§ 78B-6-802(1)(h)).
- Late or Non-Rent Payment Notice: 3 days (§ 78B-6-802(1)(c)).
- Lease Termination (Month-to-Month): 15 days (§ 78B-6-802(1)(b)(I)).
- Illegal Activity: 3 days (§ 78B-6-802(1)(g)).
How to Evict a Tenant in Utah?
In Utah, eviction lawsuits are governed by Title 78B, Chapter 6, Part 8 of the Utah Code.
Step 1: Serve an Eviction Notice
To begin the eviction process in Utah, you must legally “serve” the tenant’s late rent notice or lease termination notice.
The Utah eviction notice must state why you are evicting the tenant. Legal service in Utah includes delivering the eviction notice by any of the following methods as outlined in Section 78B-6-805:
- Delivering it personally to the tenant
- Mailing it via registered or certified mail
- Leaving it with a person of suitable age and discretion at the residence if the tenant is not there, followed by mailing it to the tenant
- Affixing it in an easy-to-see place on the premises if a person of suitable age or discretion can’t be found
Step 2: File an Eviction Lawsuit With the Court
If the tenant doesn’t move out independently, the landlord must file a lawsuit with the District Court in the county where the property is located. The landlord must prepare a complaint that follows the rules of Utah Code Section 78B-6-807. The complaint and the following documents must be served on the tenant:
- The written rental agreement, if any
- The eviction notice that was already served
- An itemized calculation of past-due rent, damages, legal costs, and attorney fees
- Notice of required disclosures
The tenant has three days to respond to the complaint and request a hearing
Step 3: Attend the Court Hearing
The landlord can request a default judgment if the tenant doesn’t answer. If the tenant does respond, an occupancy hearing is scheduled within ten days of the tenant’s answer. The landlord and tenant must provide the other with any evidence they plan to present at the hearing at least two days in advance.
Step 4: Await Judgement
Suppose the court rules in the landlord’s favor. In that case, it will include an Order of Restitution of the Premises, which directs the sheriff or constable to remove the tenant and restore the landlord’s possession of the property.
Depending on the outcome of the hearing, the landlord may also receive an Order for Damages, Rent, and Attorney Fees. These fees can be as high as the value of unpaid rent, attorney fees, and costs, plus three times the amount of damages from:
- Rent and other money due for the time the tenant unlawfully stayed on the property
- Forcible entry
- Damage to the property
Related Court Forms
- Notice to Defendant of Disclosure Requirements in Unlawful Detainer Actions: This form describes the tenant’s rights and must be served along with the complaint.
- Complaint: The complaint outlines the lease violation and why the tenant should be evicted. Landlords can use the OCAP system to prepare this form.
- Summons: The summons states that the eviction process in Utah has commenced and notifies the tenant of the time they must respond to the complaint. This form must accompany the complaint. Landlords can use the OCAP system to prepare this form.
- Judgment for Damages: The landlord prepares a Judgment for Damages form to calculate the damages the tenant owes for late rent and unlawfully detaining the property. Landlords can use the OCAP system to prepare this form.
- Order of Restitution: The Order of Restitution directs the sheriff or constable to reclaim the property for the landlord.