Eviction rates nationwide are rising because federal and state rental assistance programs are winding down, but Utah's eviction rates remain the same as pre-pandemic levels.
At the end of 2023, Utah is expected to have a little more than 8,000 evictions. Although the eviction rate is low in Utah, it's still important for landlords to know about legal evictions if a problem arises.
Keep reading to learn the steps you need to take.
Lease Termination Notice
Landlords can't evict tenants for no reason. Eviction laws in Utah protect tenant rights to a fair eviction process. Landlords can legally provide a written notice to vacate for these reasons:
- Paying rent late
- Lease violations
- End of the lease term
- Subletting in violation of the lease
- Illegal business
If the notice to vacate is not obliged by the tenant, landlords can start filing a complaint with the district court.
Serving the Notice of Complaint
Landlords can file a complaint with the eviction court and serve the summons to the tenant within 120 days. If you prefer, you can serve the tenant the complaint first but you have to file a court complaint within 10 days.
The complaint can be served to the tenant in the following ways:
- Providing a copy to the tenant in person
- Mailing a copy to the tenant with a return receipt
- Leaving a copy with someone of suitable age who lives with the tenant
The eviction notice can be served by anyone who is not involved with the case and is over 18 without a criminal record. Landlords typically trust a constable, U.S. marshal, or sheriff for this.
If you hire property management companies to help, they are involved and cannot serve the notice of complaint to the tenant.
Occupancy Hearing
The tenant can file an answer to the eviction complaint within three days of receiving the notice. If the tenant files an answer, either party can request an occupancy hearing.
The case hearing will determine whether or not the tenant can remain on the property. It's important for landlords not to move tenant's property without their permission while waiting for the results of evictions.
During the hearing, a judge will make a decision. If the tenant doesn't show up to the hearing, the landlord automatically wins.
Order of Restitution
The court order of restitution gives the tenant a few days after the ruling to leave the premises before being forcibly removed. If tenants believe the order of restitution was wrongly enforced, they can request another hearing.
An order of restitution must be served by a private investigator, sheriff, or constable.
Once the tenant moves out, you can start finding new renters. Opt for tenant screening services to avoid bad tenants in the future.
How Property Management Can Help With Evictions
Evictions are complicated which is why landlords try to avoid them at all costs. However, if you have a bad tenant that needs to be removed, going through the legal eviction process is important.
The process requires taking the correct steps and property management services can help from start to finish.
At PMI Mountain West, we have over 20 years of property management experience in Utah, including experience with legal evictions. If you don't want to handle this task and others alone, work with us! Contact us today to get started.
