Article Scope and Purpose of this Article:

This article provides a simple overview for residential landlords on tenant eviction. If you need a more detailed view, check out the additional articles on this site.

If you already know the basic requirements and timelines of Evictions, Skip this Overview and read my other articles that address these topics in detail:

• Types of Lease Agreements
• Grounds for Eviction
• Eviction Procedures
• Landlord Rights
• Tenant Rights
• Common Questions and Answers on Evictions.

Overview – How do Evictions Work?

Landlords often ask me if and how they can kick a tenant out. They are unaware of the basic rights and procedural requirements surrounding evictions. Residential evictions are much different than commercial evictions. Residential consumers have many more protections than commercial tenants. So before you go evicting, make sure you are aware of your tenant’s rights. You may find yourself covering a legal bill if you don’t.

Reasons for Eviction

Before an eviction can occur, there must be a valid reason to evict them. There are a variety of reasons someone may be evicted (material breach of the lease, nonpayment of rent, nuisance, criminal activity, holdover after the end of the lease term. etc.)

Proper Statutory Notice; Deadlines; Opportunity to Cure

After you identify one or more reasons to evict a tenant, you must provide the tenant with proper statutory written notice (served in the correct manner) and, possibly, an opportunity to rectify a breach by the statutory deadline (e.g., make payment 3-days, or stop a nuisance, etc.).

If no opportunity to resolve the mistake is required or the tenant fails to rectify the mistake by the deadline, then the landlord has the right to (and must) file an eviction action. No “self-help” or “lockouts” are permitted under Utah Law (unless the home has been abandoned, but don’t assume this!).

Filing Suit

The suit must be filed in district court in the county/city where the real property is located. With the standard complaint, landlords must file about 25 other documents with the court and then serve them on the tenant personally. If the tenant hides or avoids service, the landlord must obtain authorization to serve by an alternate method (email, Facebook, publication, etc.). Thereafter, the tenant has 3-days to file an answer and counterclaim. If they don’t, the landlord can file a notice of default and get an order to evict the tenant. If the tenant files an answer, then one of the parties must request the court hold an “immediate occupancy hearing.”

Immediate Occupancy Hearing

The court will hold that hearing within 10 days of the service of the complaint or request for occupancy hearing. At that hearing, the court will determine all legal issues, if possible, based on the evidence submitted and grant one or the other party possession of the property until the conclusion of the suit (sometimes there are additional claims of ownership or other things that take longer to resolve after this initial hearing). At the end of the hearing, the judge will grant the landlord the right to remove the tenant between 0-3 days later, by force (using the sheriff’s help) if necessary. The landlord then contacts the sheriff to schedule the removal, if necessary.

After Judgment and Eviction

The landlord must then store the tenant’s belongings in a secure location for a period of 30 days at the expense of the tenant. Thereafter, the belongings are considered abandoned and the landlord can keep or dispose of them at will. Disposal is at the cost of the tenant as well (but good luck getting any of this money out of them).

Conclusion

If you need help determining a valid cause for eviction or don’t want to deal with the headache of evicting the tenant yourself, give us a call. We can help you navigate the complexities and procedures.