As a property manager or landlord in Utah, one of the necessary parts of your role is balancing your properties and tenants. While you always want your property to be filled with paying tenants, you also want to avoid the potential risks of non-payment and property damage.
Unfortunately, there comes a time when a landlord or property manager must evict a tenant for breaking the terms of a lease – and this experience can often become less than ideal.
The eviction process in Utah follows a structured legal framework that is designed to balance the rights of landlords with those of tenants. Knowing these laws is key for any property owner looking to manage their properties well – and missteps in the eviction process can lead to some costly consequences.
Whether it's non-payment of rent, violation of lease forms, illegal activities, or a variety of other issues with tenants, knowing the right Utah eviction procedures and Utah eviction laws can save you time, money, and headaches.
What Are The Legal Grounds for Eviction in Utah?
First and foremost, you must know that Utah law prohibits the eviction of tenants without proper cause. This means that poor rent paying habits may not be grounds for eviction.
The state law outlines specific legal grounds that justify eviction proceedings – and what can or cannot lead to an eviction. Knowing these reasons is key, as attempting to evict for non-probable reasons can lead to fines and penalties for owners.
Non-payment of Rent
One of the most common reasons for eviction in Utah is the failure to pay rent.
Under Utah law, rent is typically considered late the day after it's due – though many lease agreements specify a grace period. When tenants fail to pay rent on time, landlords are required to provide a 3-Day Notice to Pay Rent or Quit.
This notice matters, as it gives tenants three days to either pay the overdue rent in full or vacate the property.
What if the tenant pays the missing amount in full within the notice period? If this occurs, the eviction must stop. If they fail to pay or move out after three days, the landlord can proceed with filing an eviction lawsuit.
Lease Violations
Another common reason for eviction in Utah is lease violations. Any tenant who violates the terms of their lease agreement may face eviction. Some of the most common lease violations include:
- Keeping unauthorized pets on the property
- Allowing unapproved occupants or subleasing the property
- Damage to the rental property
- Disturbing other tenants
- Violating HOA rules or regulations
- Smoking in non-smoking areas
- Failure to maintain the property as required
Similar to non-payment, landlords must serve a 3-Day Notice to Comply or Quit. This notice allows the tenant to correct the violation within three days. If the issue is resolved within that timeframe, the tenant can remain in the property. If not, the landlord may move forward with eviction proceedings.
Illegal Activity
Illegal activity often results in an immediate eviction – and Utah law allows for this type of eviction if the tenant is caught engaging in illegal activity on the rental property.
When this occurs, Utah landlords must issue a 3-Day Notice to Quit – and they can provide this notice without providing an option to remedy the situation. The notice requires the tenant to vacate within three days.
What are “illegal activities” that could lead to this type of immediate eviction?
- Criminal acts on the property
- Drug-related activities
- Gang-related activities
- Running an illegal business
- Creating a criminal nuisance
- Committing a felony
- Threatening or endangering other tenants or the landlord
Unlike other violation notices, tenants cannot cure this type of violation according to Utah law. Their only option is to vacate the property within the notice period.
Committing Waste
Utah law is unique in that it allows for eviction due to committing waste. In this case, "waste" refers to substantial damage or destruction to the property beyond normal wear and tear. Some of the most common examples of “committing waste” include:
- Physically damaging walls, floors, or fixtures
- Allowing trash to accumulate excessively
- Failing to maintain the property in a clean and safe condition
- Intentional destruction of property
Should a property inspection reveal a tenant committing waste, landlords must serve a 3-Day Notice to Quit without an opportunity to remedy the situation. The tenant must vacate within three days or face further legal action.
End of Lease or No Lease
While certainly not as dramatic as illegal activity or committing waste, landlords can choose to evict tenants when the lease is not renewed or when no written lease exists (known as "tenant at will").
When it comes to month-to-month tenancies, landlords must provide a 15-day notice to vacate. At-will tenants must receive a 5-day notice.
After the notice period expires, the landlord or property owner can continue with the eviction process through the courts if the tenant remains on-site.
Knowing The Grounds for Utah Evictions Matters
Each of these grounds for eviction requires specific documentation and adherence to legal timelines. Knowing these cases is key, as failure to follow proper procedures can result in delays, dismissal of the eviction case – and in severe cases, legal consequences for the landlord or property owner.
Never risk it with eviction – always do your due diligence to research the laws and process, and make sure to follow it to the letter.
What Is The Step-By-Step Utah Eviction Process?
The eviction process in Utah – like many other US states – follows a specific structure and sequence that is designed to protect both landlord and tenant rights.
1. Serving the Proper Utah Eviction Notice
Every legal eviction in Utah begins with serving the appropriate written notice to the tenant. The notice must clearly state the reason for eviction and the timeframe the tenant has to remedy the situation or vacate the property.
In Utah, landlords may deliver a Utah eviction notice through several methods:
- Hand delivery to a person of suitable age located at the property
- Posting of the notice in a conspicuous place when an individual is not present and available
- Sending the notice via registered or certified mail
The notice period begins immediately upon delivery or mailing. Landlords should always keep the original signed notice and documentation of service as proof for court proceedings – and make sure to follow up post-delivery.
2. Filing an Eviction Complaint with the Court
If the tenant fails to comply with the notice requirements, the next step is filing an eviction lawsuit – a step also called “unlawful detainer action.” In Utah, landlords have two options when proceeding with this step.
Option 1: File With The Court
The first option is to file the complaint with the court first and then serve the summons and complaint on the tenant. This approach gives landlords up to 120 days from the filing date to serve these documents to the tenant.
Option 2: Serve The Summons First
Alternatively, landlords can serve the summons and complaint on the tenant first and then file the paperwork with the court. If choosing this option, landlords must file the documents with the court within 10 days of serving the tenant.
What Should Be Included In The Eviction Complaint?
It’s important to note that there are several key pieces of information that you must include in the eviction complaint in Utah:
- The summons informing the tenant of the lawsuit
- The complaint detailing the reason for eviction
- A copy of the rental agreement
- Evidence that proper notice was served to the tenant
Who Can Deliver The Complaint?
A landlord can’t attempt to deliver the complaint themselves. Instead, the summons and complaint must be properly served by a sheriff, constable, U.S. Marshal, or anyone over 18 who isn't involved in the case.
3. Tenant Response Period
Once the summons and complaint have been successfully delivered, the tenant response period (specified in the notice) begins immediately. This tight timeline helps move things along in the court system quickly – and should the tenant fail to respond within the period, the landlord can request a default judgment.
If the tenant files an answer contesting the eviction, the case continues to the next phase. In the response, the tenant must address the allegations in the complaint and provide any defenses they wish to raise.
4. Occupancy and Evidentiary Hearing
Once a tenant files an answer, either party involved in the eviction can request an occupancy hearing. This hearing must be scheduled within ten business days of the tenant’s answer filing date.
The purpose of this hearing is to determine who has the right to possess the property while the eviction case proceeds through the court system. In most cases, the judge will evaluate the evidence and make an immediate ruling regarding temporary possession.
5. Eviction Trial and Judgment
Once the eviction case reaches the court and is deemed necessary, the trial must be held within 60 days of the initial complaint filing.
During the trial, both parties are given the opportunity to present their evidence and provide testimony. At this point, the landlord must prove the legal grounds for the eviction – showing that the tenant obviously violated some element of the lease agreement.
Should the court rule in the landlord's favor, a possession judgment is usually issued on the spot. This authorizes the court to issue an “order of restitution” – the legal document required to finally remove the tenant.
However, it’s important to note that either party has the right to appeal the decision within ten days of the judgment.
6. Order of Restitution and Property Return
Once a judgment favors the landlord, the court immediately issues an order of restitution. This order must be served on the tenant by a sheriff, constable, or private investigator—not by the landlord.
The order gives the tenant one final chance to vacate voluntarily. For most eviction grounds, tenants have three calendar days to move out after receiving the order. However, for evictions involving illegal activity, the tenant may be required to leave immediately.
If the tenant remains after the order's deadline, law enforcement officials will return to remove the tenant and their belongings. Landlords must never attempt to remove tenants themselves, even with a court order in hand.
Once the tenant has been removed, the landlord regains legal possession of the property. At this point, the landlord can change locks, clean the property, and prepare it for a new tenant.
Does a Landlord Have to Give a Tenant Notice Before Filing for Eviction?
In Utah, the answer is unequivocally yes – landlords must provide proper notice before filing for eviction.
This notice requirement is not just a formality but a legal obligation that protects tenants' rights while establishing a clear record of the landlord's attempt to resolve issues before court involvement.
Can a Landlord Still Evict a Tenant After Accepting Rent During an Eviction Process?
In Utah, accepting rent payments during the eviction process can complicate or invalidate your eviction action. When a landlord accepts partial or full rent payment after serving an eviction notice, courts often interpret this as waiving the right to continue with the eviction based on that particular notice.
If you've served a 3-Day Pay or Quit Notice and then accept even partial payment, you'll typically need to restart the eviction process with a new notice if you still want to proceed. However, this doesn't mean you're permanently barred from evicting the tenant—just that the specific eviction action is affected.
What are the rights of mobile home owners in mobile home parks during eviction?
Mobile home owners in Utah parks have unique protections during eviction proceedings that differ from standard residential tenants. Since mobile home owners typically own their dwelling but rent the land underneath it, eviction creates special challenges.
Under Utah law, mobile home park landlords must provide more extensive notice periods before eviction. For non-payment of rent or fees, a 7-day notice is required instead of the standard 3-day notice for apartments or houses. For other lease violations, a 15-day notice to comply is typically required.
Tenant Rights and Defenses During the Eviction Process
When it comes to knowing how to manage a rental property, it's important to remember that tenants have rights. In Utah, tenants do have the right to raise defenses against eviction proceedings. Some of the most common defenses include:
- Improper notice
- Landlord retaliatory actions
- Discrimination
- Landlords acting against Fair Housing laws
Before court proceedings, both parties may consider mediation a less costly and time-consuming alternative.
These can help parties reach mutually agreeable solutions – such as payment plans for past-due rent or timeframes for correcting lease violations. Successful mediation can save both parties the stress and expense of court proceedings while preserving the landlord-tenant relationship.
Common Mistakes Landlords Make in the Eviction Process
Navigating the eviction process requires precision and adherence to legal requirements. Even well-intentioned landlords sometimes make mistakes that can derail their eviction efforts or expose them to legal liability.
Self-Help Evictions
Perhaps the most serious mistake landlords make is attempting "self-help" evictions. Utah law strictly prohibits landlords from forcibly removing tenants without a court order. This includes changing locks, shutting off utilities, removing tenant belongings, or using intimidation tactics.
Self-help evictions can result in significant legal consequences for landlords. Only after obtaining a court order and working with law enforcement officers to enforce an Order of Restitution can a tenant legally be removed from the property.
Improper Notice
Another common mistake is serving improper or incomplete eviction notices. Each type of eviction requires specific notice content and delivery methods. Failing to include required information or not serving the notice correctly can invalidate the entire eviction process.
For example, a non-payment notice must state the exact amount owed, while a lease violation notice must specify which provision was violated. The notice must also provide the correct timeframe for the tenant to respond based on the type of violation.
Accepting Partial Payments
It’s rarely worthwhile to try and accept partial payments as part of the eviction process. In most cases, accepting any payment after serving a notice for non-payment of rent can invalidate the notice – and this will often require the landlord to start the process over.
If you decide to accept a partial payment, consider having the tenant sign an agreement acknowledging that the acceptance doesn't waive the eviction action. You should note that some courts may still view partial payments as evidence of an ongoing landlord-tenant relationship – which can undermine the process.
Retaliatory Actions
Taking adverse action against a tenant because they exercised a legal right is considered retaliation and is prohibited. This can include evicting a tenant because they reported code violations, requested necessary repairs, or joined a tenant organization.
While Utah doesn't have a specific state statute prohibiting retaliatory evictions, Utah courts recognize retaliation as a valid defense in eviction proceedings. To avoid allegations of retaliation, ensure your eviction actions are based on legitimate lease violations and are applied consistently to all tenants.
Knowing The Utah Eviction Process Matters – Don’t Risk It
When a landlord or property manager faces an eviction, it’s essential to know every detail of the process. Taking a risk or attempting a shortcut can result in costly legal battles and damage to your reputation – something you never want to risk as an owner.
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