Typically, the number one priority in any eviction is timing. The faster you get a tenant out, the sooner you can get a new tenant in. The overall process can take anywhere from fourteen days to thirty or more days. In most cases, it will take about three weeks. For more details, you can read the entire process below:
First, you need to post the appropriate notice (usually a notice to pay or vacate). We provide every with free Utah eviction forms. In most cases, the tenant has three calendar days from the day the notice is posted to pay (or comply with some other violation) or vacate. On the fourth day, you can file a complaint for eviction. Although not necessary, it is probably worth your while to have a Utah Eviction Lawyer assist you in this process. Our attorney fees are only $290.00 per eviction. A small price to pay to ensure that everything goes smoothly.
Once the complaint and summons are served on the tenant, the tenant has three business days to file an answer. That means you don’t count weekends or holidays. If no answer is filed, then on the fourth day you can file a motion for entry of default along with all of other appropriate Utah eviction documents. The court typically takes 1-3 business days (although I have seen them take more than a week) to review the documents and sign the writ of restitution.
The writ of restitution will then be posted on the front door of the property. In most cases, the tenant will have three calendar days from that date to vacate. If the tenant refuses, on day four a sheriff or constable will conduct a lockout. At that point, the eviction is complete.
In some cases, a tenant may be permitted to pay a bond and request a trial. This could add forty-five days or more to the eviction. Fortunately, if you win, you will likely recover most of your damages from the bond that was paid. Eviction cases rarely have a trial. Less than 1 of every 200 evictions we handle goes to trial. This is true for two reasons. First, in most cases, the tenant does not have a good faith defense. If the tenant hasn’t paid rent, he or she needs to vacate. Second, even if the tenant has defense, he or she cannot afford the bond. Generally, tenants do not have a sound legal defense to an eviction.
Hiring an eviction lawyer is not very expensive. After all, one month’s rent most likely exceeds the attorney fees you will pay by double or more. If hiring an eviction lawyer means you can have the property rented out one month sooner, then it is probably worth the extra expense.
You can start an eviction right from this website. If you have any questions, please don’t hesitate to call.