Landlord-tenant laws in the State of Utah attempt to strike a balance between the contractual rights of landlords and the statutory 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 landlords and tenants.
Eviction Process
In order to legally evict a tenant, a landlord must strictly follow Utah statutory procedures. As a landlord, should you fail to comply with eviction procedures, your eviction attempt may be stopped cold by a court and you may be ordered to pay damages to your tenant.
Step One: Eviction Notice
To proceed with an eviction, a landlord must first serve a tenant with the proper eviction 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 eviction 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 opportunity to present evidence. The judge will observe all court procedures and only certain types of evidence will be allowed.
Step Five: Removal
Three days after a judge has signed the Order of Restitution, a police officer will assist a landlord in removing a tenant and property from the rental unit.