Utah Eviction Process - Eviction ABCs

How do you avoid an eviction taking months or years?  How long does it take to evict in Utah?  Utah courts allow evictions to proceed through an expedited process compared to the typical civil lawsuit.  This is simply based on the fact that the courts understand that you, as the landlord, cannot wait months or years for a court's decision when you are dealing with a dead-beat tenant.  There are generally three steps to properly evict a non-paying tenant.  It is important to consult an attorney to ensure that you are complying with the law.  Failing to follow the proper procedures can result in your eviction action being dismissed or even penalties imposed on the landlord.  Here is a brief outline of the process for a typical Utah eviction:

Step A - The Landlord Must End the Lease

You as the landlord cannot begin the eviction process without first ending the lease with your tenant.  This is done by serving your tenant with the proper eviction notice (Click Here for a list of our FREE Eviction Forms).  Eviction proceedings cannot begin without serving the proper eviction notice on the tenant.  However, failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction.

Step B - Waiting... (Tenant's Opportunity to Vacate)

The tenant is then given a time period to leave.  The amount of time given to a tenant depends on the type of eviction notice you serve on your tenant.  For example, if the tenant has not paid rents and is served with a Three Day Pay or Quit Notice, the tenant is given three calendar days to either (1) pay delinquent rents, or (2) vacate the property.  The eviction process cannot continue until the landlord has waited until the fourth day.  If the tenant pays past rents or leaves, there is no basis to continue with the eviction process.  If the tenant vacates the property without paying delinquent rents, the landlord would still have a monetary claim against the tenant for these amounts.  However, if the tenant has not taken any action within the time allowed in the eviction notice, the landlord can proceed with the next step of the eviction process.

Step C - Filing the Lawsuit

The legal term for an eviction lawsuit in Utah is “Unlawful Detainer” and is more fully described in Utah Code Ann. § 78B-6-802.  Once the proper notice has been served on the tenant and they have failed to comply with the notice within the time allowed, the landlord has fulfilled all the necessary requirements to file for an eviction.

Unlawful detailer lawsuits must be filed in Utah’s district court (no small claims).  An eviction lawsuit usually has two main purposes: (1) to re-gain physical possession of the property, and (2) to obtain a judgment for any amounts owed under the contract.

If the first two steps are not followed properly, your eviction lawsuit stands to be dismissed which will delay your eviction action.  Yes, to evict a tenant you literally file a lawsuit against your tenant (and anyone else who resides in your property who will not voluntarily leave).  Lawsuits can be complex and there are multiple reasons you should hire an attorney.  If not done properly, you may have to start the entire process over.  You will have to provide another eviction notice and wait again before any action can be taken.

Timeline

Civil lawsuits in Utah’s District Court often take months or years before a judge renders a decision.  If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure.  In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case.  If done properly, evictions can typically be resolved within days or weeks as opposed to months or years.

Benjamin Franklin once said, “An ounce of prevention is worth a pound of cure.”  This is certainly true when dealing with evictions and other legal issues.  A good eviction attorney can prevent potential problems with your eviction case and can often evict a tenant faster.  Utah's eviction laws and court procedures can be complex, it is important to have an attorney assist you in this process.  Doing so will often speed up the process and help to quickly navigate the legal system.

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