Evicting a tenant in Utah is relatively simple. First, there must be a breach by the tenant of his or her obligations under the lease. Typically, the breach is nonpayment of rent. However, there can be other reasons to evict a tenant such as the tenant is causing a nuisance, destroying the property or even engaging in criminal activity. Regardless of the underlying purpose for the eviction, we charge the same flat fee of $350.00 (reduced rates for volume clients) for attorney fees. Since nonpayment of rent is the most common purpose for eviction, this website is generally focused on evicting a tenant in utah for nonpayment of rent. If you would like some additional questions answered, don’t hestitate to call us to speak with a Utah eviction lawyer for free.
The first step to evict a tenant is to post a three day notice to pay or vacate. You can get a free Utah notice to pay or vacate by clicking here. You can fill this out and post it yourself. If you would like to take a more aggressive approach, we can prepare and post the notice with an eviction lawyer’s signature to show the tenant that your are serious about payment.
The three day period includes holidays and weekends and you start by counting the day you post the notice as day 0.
On the fourth calendar day, you can file a complaint for eviction provided the tenant has not curred the amount past due. The complaint must be formally served with a summons. That means someone must personally hand the complaint and summons to the tenant. Anyone over 18, who is not a felon, the plaintiff, or the attorney can serve the documents. We use a process server who charges a flat fee of $35.00 per service. However, we will also coordinate the service with an individual of your choosing at no charge. This allows many of our clients to save money.
The tenant gets three business days from the date of service to answer the complaint. That means you do not count holidays or weekends. If no answer is filed, you can file a Motion for Default requesting that you be awarded all of the relief requested in your complaint, including possession of the property. If an answer is filed, you must schedule a court hearing. The hearing will generally be scheduled within two weeks.
You file with the court a proposed Writ of Restitution. The court will then sign this document. The writ needs to be posted on the front door of the property (or served if the tenant is at home) by a sheriff or constable. The tenant then has three calendar days to vacate. On the fourth day, if the tenant is still in possession of the property, the sheriff or constable will return to the residence to lock the tenant out of the unit.
Our Utah eviction lawyers can can assist you with this process from start to finish. The best part is that you will be able to anticipate exactly what the eviction will cost you before you pay us.
You can start the eviction process right from this website by simply uploading your lease agreement and notice to pay and making an initial deposit. If you have any questions, please don’t hesitate to call or contact us.