How long does it take to evict in Utah? Most of our evictions are handled in weeks, but if they are not done correctly we have seen evictions take months. Utah courts allow evictions to proceed through an expedited legal process. 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 #1 - Eviction Notices (Ending the Lease).
The eviction process begins with serving an eviction notice. Along with the eviction notice, we will personally serve an eviction demand letter letting your tenants know that they must comply with the eviction notices or face an eviction lawsuit.
Selecting the correct eviction notice is critical because it forms the foundation of the eviction. Utah law allows for multiple eviction notices (Click Here for a list of our FREE Eviction Forms). If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction (we don't have to prove ALL of the notices, we only have to prove one notice to justify the eviction). Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. Call us (801-610-9879) for a free landlord consultation to make sure you are serving the correct eviction notices.
Step #2 - Filing Eviction with the Court.
If the tenant fails to comply with the eviction notices, the landlord must file an eviction lawsuit with the court. This is typically where our clients have us take over. Our evictions are handled online and submitted electronically direclty with the court. Most evictions are filed the same day and completed 2-3 weeks later with the locks being changed.
Evictions must be filed in Utah’s District Courts (small claims cannot handle evictions). 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. We work to accomplish both of these goals. Contact Us for more details on this step.
Step #3 - Performing the Lockout
Once the eviction case is filed we work through the case until the sheriff or constable is able to change the locks. Lawsuits can be complex and there are multiple reasons you should hire an attorney. If not done properly, your case may be delayed or you may have to start the entire process over.
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. A good eviction attorney can prevent potential problems with your eviction case and can often evict a tenant faster.
Before you get started, feel free to contact us for a free consultation for landlords.
Utah Eviction Law
Jeremy Shorts, Esq.