Utah Eviction Law highly favors the landlord over the defaulting tenant. In most cases, even if your tenant files an Answer to your complaint for eviction you will be able to regain possession of the residence within three to four weeks. Although many landlords are disappointed by this amount of time, compared to some other states, the process here is very fast. A good Utah eviction lawyer, who understands Utah eviction law can make an ordinarily stressful experience seemingly painless.
The Utah Code contains nearly all of the laws in Utah. Chapter 6 of Title 78B provides most of the laws and procedures relating to an eviction. This chapter is entitled Particular Proceedings because eviction procedures do not follow the same course as standard proceedings before the court. Perhaps the biggest difference is that any contested eviction is automaticalyl bifercated. Bifurcated means that some issues are separated from others and dealt with sooner. Utah evictions are bifurcated into an occupancy proceeding and then a subsequent proceeding on damages.
After a tenant files an answer, Utah eviction law allows the landlord to immediately request a hearing. This hearing is called an immediate occupancy hearing and, in most cases, is scheduled within ten days of the tenant’s answer. For some this may seem like a long time, however, this does not compare to the typical 60-90 days it takes to get a hearing on other matters in Utah. Most judges will not address the issue of damages at this hearing. The immediate occupancy hearing is intended to be a quick hearing and the only issue addressed is who will be allowed to possess the property. Usually there are several other cases scheduled at the same time. On the other hand, a hearing on damages will last anywhere from an hour to half a day or more.
If you are studying Utah eviction law in anticipation of evicting a tenant. Give us a call first. You may be surprised to find out it is much cheaper to hire an eviction lawyer rather than go it alone. Unless you have experience evicting tenants, attempting to do so alone can cause delays of a month or more costing you another month’s rent. Our Utah eviction lawyers charge a fraction of a month’s rent for most Utahns.