Key Takeaways
- Utah’s Eviction Process Requires Proper Legal Steps – Landlords in Utah must follow a specific legal process to remove a tenant, starting with serving the correct eviction notice based on the violation. Skipping steps, such as failing to provide proper notice or attempting a self-help eviction, can delay or invalidate the case.
- Documentation and Court Compliance Are Essential – To ensure a successful eviction, landlords should document all lease violations, tenant communications, and notices. Both parties must attend the court hearing, and only a judge-issued Order of Eviction allows the landlord to legally regain possession of the property.
- Partnering with Experts Minimizes Risk – Working with a professional property management company like Atara Property Management helps landlords navigate Utah’s eviction laws correctly, avoid costly mistakes, and maintain compliance, ensuring a smoother process and greater protection for their investments.
Are you a landlord in Utah wondering how to lawfully remove a tenant from your rental property? Navigating the eviction process can feel daunting, but having a clear roadmap helps you avoid missteps that could delay your case or even invalidate your eviction.
Atara Property Management put together this article to give landlords a straightforward guide to the eviction process in Utah. The following guide breaks down the process, notices, tenant defenses, and court steps so you are better prepared.
Notice for Lease Termination with Legal Cause
To begin the eviction process, you need to first have a valid reason to remove the tenant from the property.
A Utah landlord can evict a tenant for several reasons including:
- Failing to pay rent in accordance with the lease agreement.
- Violation of the lease or rental agreement.
- Engaging in illegal activity or nuisance on the residential rental property.
- Holding over after lease term ends. If a tenant stays past lease or month-to-month tenancy without renewing you’ll need to begin the eviction process.
- Waste or damage of the property by tenant beyond normal wear and tear. For excessive damage, landlords can use the tenant’s security deposit.
The type of eviction notice used is determined by the reason for the lease agreement termination. Typically, there are three common eviction notices given in the state of Utah:
- 3-Day Notice to Pay or Vacate for unpaid rent.
- 3-Day Notice to Comply or Vacate for lease violations that can be fixed.
- 3-Day Notice to Vacate for serious lease violations, illegal acts, or when the tenant cannot cure the issue.
Serving a Tenant with an Eviction Notice in Utah
If it’s a month-to-month lease agreement, Utah landlord-tenant law requires you to give the tenant a 15-day notice to end their tenancy. If the term of the lease is fixed, as the landlord, you must hold off on taking action until the lease period has ended to terminate the tenancy, unless you have cause.
Both notices must inform the renter that you will not be renewing their lease for another term. If they don’t move out in accordance with the lease termination notice, you can move forward with the legal eviction process.
Tenant Eviction Defenses in Utah
The defense is a reason why you as the landlord and petitioner should not win the case. A tenant may claim:
- The landlord did not give the proper notice for the violation committed.
- The landlord attempted a “self-help” eviction, such as locking out the tenant or shutting off utilities.
- The landlord is pursuing the case without a court order to regain possession.
- They have valid legal protections, such as those under subsidized housing or mobile home park laws, that were not properly addressed.
When seeking to evict a tenant from the rental property, it’s vital that you document lease violations, tenant communications, and notices sent.
Attending Court Hearing
Utah law requires that both the residential landlord and tenant attend the eviction hearing. If the renter loses the eviction lawsuit, they may still have a limited period to respond to the court order. The court will issue an Order of Eviction which provides the landlord with the right to regain possession.
An order to move will then be enforced in the event that no payment or settlement are received. Should the renter win the eviction case, they will be permitted to remain on the premises. If a tenant fails to show up for a court summons, they risk losing the case, even if they have a valid defense.
Writ of Restitution
If the renter continues to live in the property after the judgment has been entered, then a Writ of Restitution will be served by the court. Once filed, the document must be signed by the judge to be valid.
The court may delegate the eviction to the Sheriff’s department or a court officer. The property owner is required to coordinate with the sheriff or court officer for the date. The timeline may vary depending on local scheduling.
The Eviction
Once the Writ of Restitution has been served by the court, the sheriff or court officer will allow for the removal of the renter’s belongings to regain possession. The landlord must give the tenant reasonable access within five business days to retrieve essential personal property such as clothing, identification, or medical items without charging storage fees.
For other personal property left behind, landlords in the state of Utah may charge reasonable moving and storage costs. If the property remains unclaimed after 15 calendar days, it may be treated as abandoned.
Bottom Line
The eviction process in Utah requires landlords to begin with proper notices, proceed through the court process, obtain a court order, and then coordinate with law enforcement. Skipping steps or ignoring required timelines can delay or invalidate your case.
Atara Property Management can help you manage your rentals to limit the risk of evictions. If you are ready to maximize investment returns and gain peace of mind, turn to our trusted property management company!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us with any questions you have in regards to this content or any other aspect of your property management needs.
