UPDATED: February 13, 2020
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Evictions in Utah are available to any landlord who wants to evict a tenant, so long as the landlord follows Utah law carefully. Landlords who choose to act outside of the law to try to evict their tenants themselves may be liable to the tenant for damages. The eviction process is relatively simple and it is very important that the parties adhere strictly to it.
Available Utah Termination Notices
Before a Utah landlord can evict a tenant, he or she must first give the tenant appropriate notice that the tenancy is terminating. The kind of notice that is required depends on the type of tenancy that is at issue and the reason for the termination. For tenancies at will (no lease agreement), 5 days notice is all that is required. For month-to-month or week-to-week, 15 day no-cause notices are required.
For term-lease tenancies (such as one year or two year), a landlord who wishes to end a tenancy earlier than the lease term may do so by serving the tenant with an appropriate notice. Utah allows for the following types of written termination notices:
Notice to pay or vacate: This is a 3-day notice. The tenant has 3 days to pay the rent or leave. After that, the landlord can file for eviction.
Notice to comply or vacate: This is a 3-day notice. The tenant has 3 days to come into compliance with the lease before the landlord can file for eviction.
Notice to vacate: This is a 3-day notice. The tenant must leave in 3 days and cannot do anything to stop the landlord from filing for eviction. This is only available in limited circumstances.
For more help on filing for eviction, see the website of the Utah State Courts' Online Court Assistance Program.
Evictions in Utah are handled by the District Courts. Find your local District Court at the Utah Courts website. Your court will have forms available for you to fill out. Here is more information about the process, provided by the Utah state courts. While filling out a form may seem like an easy way to evict a problematic tenant, things do not always turn out as planned. If this is the case, or if you are unsure about how to handle the next step in the termination or eviction process, consulting a Utah landlord tenant attorney is a good option. You can refer to Questions to Ask Your Utah Evictions Lawyer below when speaking with an attorney.
Self-Help Evictions in Utah
Self-help evictions are illegal in Utah. Commonly, landlords will lock out a non-paying tenant or turn off the utilities. These kinds of actions open the door for the tenant to sue. If a landlord tries to force out a tenant without going through the evictions process, the tenant may be able to recover, under Utah Code ï¿½ 78B-6-814:
- Actual damages; and
- Attorney's fees.
Questions to Ask Your Utah Evictions Lawyer
- How many evictions cases have you handled?
- How many were successful/unsuccessful?
- How long will the eviction process take?
- For tenants: How long do I have before I MUST move out?
- For landlords: Will I be able to get a judgment for back rent for the amount of time the tenant has been living in the rental property illegally?
- What do you charge?
- For landlords: If I hire you, will I be subject to the Fair Debt Collection Practices Act (FDCPA)?