Landlord Tenant

Landlord-tentant laws in the State of Utah attempt to strike a balance between the contractual rights of landlords and the staturory rights of tenants.  As a landlord enforcing your rights is essential to your financial well-being. However, as a landlord, you also have certain responsibilities to your  tenants. A landlord who ignores his/her obligations may find that their rights have been severely limited.  Look below for information on the respective rights and obligations of landlors and tenants.

 

Eviction Process

In order to legally evict a tentant, a landlord must strictly follow Utah statutory procedures.  As a landlord, should you fail to comply with eviction proceedures, your evicition attempt may be stopped cold by a court and you may be ordered to pay damages to your tenent.   

 

 

Step One: Eviciton Notice

To proceed with an eviction a landlord must first serve a tenant with the proper eviciton notice.  There are several different types of eviction notices and a landlord must serve the correct notice in light of the circumstances of an individual tenant.  Should a landlord fail to serve the correct notice, a court will refuse to proceed with the eviction process and may award damages to the tenant.  


Step Two: Lawsuit

Should a tenant fail to comply with the eviciton notice within the allotted time, a landlord may next proceed with a lawsuit.  The lawsuit should be filed in the county in which the rental property is located.  A copy of the Summons and Complaint must be served upon a tenant, after which time he/she will have 3 business days in which to file an Answer with the Court.  


Step Three: The Hearing

At the hearing a landlord and tenant will each have an opporunity to present evidence.  The judge will observe all court procedures and only certain types of evidence will be allowed.


Step Four: Judgment

Generally a judge will make a judgment immediately after the parties have presented their evidence.  If the judge rules in favor of eviction, he/she will sign an Order of Restitution (the document that permits eviction).


Step Five: Removal

Three days after a judge has signed the Order of Restitution, a police officer will assist a landlord in removing a tentant and property from the rental unit.