Often misunderstandings can be cleared up informally via telephone calls or emails. If you feel cheated after getting your deposit or believe the cleaning fees were exaggerated, you may have to send a legal letter and or take your landlord to small claims court to recover your deposit. If you have paid your rent on time, taken care of the property and followed the terms of the lease and are subjected to an unlawful detainer – eviction and receive a summons and complaint, there are strict answer timelines (3 days). Integrity Law’s Utah eviction and unlawful detainer attorneys can advise you on how to proceed.
When the tenant does not leave the property after the time frame stated in the eviction notice, the eviction process is the next step. If everything goes smooth, the landlord (plaintiff) will serve (constable, deputy sheriff or 18 year old not part of the case – on each adult tenant) a Summons (come to court) and Complaint (telling defendant and court what is wrong, includes lease, notices, affidavits of what happened) in district court and the tenant (defendant) will not file a timely answer (telling their side of story as to why they should not be evicted –within 3 days) which leads to the landlord asking for a Default Judgment and Order of Restitution (tells the deputy sheriffs to remove the tenant and landlord receives possession of house, condo, apartment, etc.). The landlord can regain the property three days after the Order of Restitution is served on the tenant by the sheriffs and they accompany the sheriffs while changing the property locks.
However, if the tenant (defendant) files an answer (telling their side of the story) a short trial (court reviews the facts) is held and if the tenant (defendant) is in the right than they stay in the property and the landlord (plaintiff) depending on the lease terms may have to pay any attorney fees that the tenant (defendant) had in defending themselves in court. If the landlord is in the right than the court may issue a writ of restitution and judgment against the tenant (defendant). Contact an Integrity Law's unlawful detainer and eviction attorney for further assistance.
In most cases before a landlord begins the eviction process, the landlord has patiently tried to collect past due rents and asked the tenants to stop certain unwanted destruction or waste on the property. Indeed, they have probably heard countless promises and made countless one-time exceptions. Landlords are already frustrated because they have often asked tenants to leave the property peacefully and have incurred financial loss after several promises to make up past due rents. Fortunately for landlords evictions are summary proceedings which move faster than regular lawsuits. Nevertheless, it is better to get started sooner rather than later as the Utah eviction process from beginning (serving proper notice and waiting the required days, waiting for an answer to the complaint) to end (serving the order of restitution and waiting for the sheriff lock out) can seem lengthy when you want someone out of your property as soon as possible!
Summons & Complaint
Motion for Restitution & Order of Restitution
Sheriff Lock Out
The Utah eviction notices purpose is to inform the tenant what they need to do and how many days they have to do it. There are 3, 15, 30 day notices but the 3 day is the most common. The type of notice typically depends on the lease. The 3 day notice is typically used for non-compliance with the lease, non-payment of rent and/or waste or nuisance. The tenant may be required to receive the 15 or 30 day Notice to Terminate Tenancy.
What Integrity Law needs to help you with a Utah eviction – unlawful detainer case.
1. Client Agreement - Signed
2. Lease - Signed
3. Eviction Notice - Signed (Unless Integrity Law Served)
4. Statement of Facts - What has happened thus far, description of lease violations.
5. Miscellaneous - Names and addresses of the tenants evicting, birth date and social-security number of each adult tenant, address and county of property, last date of rental period, monthly rental amount, past due rents, late fees, damages above wear and tear.
If a tenant does not move out voluntarily after being served proper notice the landlord has to become a plaintiff and file an unlawful detainer lawsuit in Utah district court against the defendant tenant.
The eviction process begins by ending the tenancy upon serving proper eviction notice on the tenants. Service of the proper notice needs to be completed prior to filing an unlawful detainer case (eviction case). Serving the proper eviction notice is critical so you don’t have your case dismissed and have to begin the process over again. The eviction notice may be called a notice to quit or notice to vacate. Nevertheless, the time frame given in the eviction notice is of higher importance.