Being a landlord has its perks, such as being able to collect passive income and own a tangible asset. However, there are also some downsides to being a landlord. Landlords tend to get a bad wrap with tenants and people who are looking to rent. However, even if you are a kind landlord, there is the potential that your kindness could be taken advantage of. There are certain steps that must be taken to complete an eviction in Utah as a landlord. Many laws are involved with the eviction process. Continue reading to learn more.
How To Complete An Eviction In Utah
Have Evidence
It is important before filing an eviction notice against your tenant to have reasonable grounds. With every tenant that you have, it is vital that you keep good records in order to protect yourself if you ever have to evict someone and provide evidence. Make sure to keep your physical papers organized, including payement statements, notes, etc.
It is good idea to also have a backups of all your documents. Make copies with your printer and scan the pages into your computer to keep them in a digital file. It is also important to keep receipts of any online communication or payments including text messages and emails. If you have kept records, you will be in a much better position if a tenant stops paying or you need to evict them.
Notice To Comply
Before posting an eviction notice, it is customary to give your tenant a notice to comply. Perhaps they are not paying their rent, are destroying the property, or conducting illegal activity on the property. You may not always have evidence that illegal activity is occuring on the property or that the property is being destroyed, but if you suspect that something may be going on, keep an eye on your property and post a notice to your tenants reminding them what is appropriate behavior on your property.
Post An Eviction Notice
The next step to completing an eviction in Utah is to file a complaint with the district court and then serving a notice to the tenant. The landlord can also serve the notice to the tenant first. If the landlord files the complaint to the court first, they have four months to post on the tenant. Whereas, if the landlord post an eviction notice on the tenant first, they only have ten days to file the complaint and summons with the court.
Go To The Trial
The next thing that will happen after an eviction in Utah has been posted is an eviction hearing will be scheduled. Eviction trials are typically held within 2 months since the landlord filed the complaint with the court. Once the trial is complete, there is a short time period of 3-10 where either party can appeal. Assuming the tenant does not appeal, an order for restitution is immediately issued after the case finishes.
Follow Through On The Move Out Process
Once judgment has passed in favor of the landlord, the law dictates that the tenant moves out within 3 days following the verdict. If illegal activity was occuring on the property, the tenants may be removed immediately after the Order for Restitution is issued. The authorities are in charge of moving out the tenants. Do not attempt to evict the tenants physically yourself.
Do You Need A Real Estate Attorney?
We at LeBaron & Jenson offer excellent legal advice for landlords. We are well-versed in real estate law and would be more than happy to help you if you are working through an eviction case. We not only provide excellent advice for legal issues surrounding landlord and tenant disputes but we are also able to help you prepare paperwork and going to court or even represent you in court if the tenant rejects the eviction request. For more information, feel free to reach out to us today.
