Utah landlords dealing with a problem tenant often need a clear path through the eviction process and laws. This guide breaks everything down step by step, covering eviction reasons, court timelines, and Utah landlord-tenant laws that affect property owners across the state.
How Utah Law Defines Eviction
In Utah, an eviction happens when a landlord files a legal case to remove a tenant from a rental property. Landlords must follow strict state procedures to keep the process valid in court.
Utah’s eviction rules appear in Utah Code Title 78B, Chapter 6, Part 8, which explains how landlords can legally regain possession of their property.
Eviction With Just Cause
In Utah, “just cause” means a landlord has a lawful reason to evict a tenant, such as unpaid rent or a serious lease violation.
Utah landlords can evict tenants with just cause when issues like missed rent, significant property damage, or illegal activity occur. They must serve the proper notice and follow the court process outlined in state law before filing the eviction case.
For landlords and tenants across Utah, documenting every just cause reason matters. Keeping written proof of late payments, violations, and communications can protect a landlord’s case if it moves to court.
Applicable law: Utah Code § 78B-6-802, Utah Code § 78B-6-810
No-Fault Evictions
Utah landlords can force tenants to move out without just cause simply by letting a fixed-term lease end and not allowing them to renew it. When the lease expires, landlords may take back possession as long as they give proper notice before the end date.
For month-to-month tenants, Utah law allows landlords to end the tenancy without cause by providing at least 15 days’ written notice before the next rent period. This rule gives landlords flexibility to update lease terms or prepare the unit for new renters.
Applicable law: Utah Code § 78B-6-802, Utah Code § 78B-6-802.5
Grounds for Eviction in Utah
Landlords in Utah may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
Utah law doesn’t guarantee a grace period for late rent (unless the lease includes one). Once a tenant becomes late on rent, landlords can serve a 3-Day Notice to Pay Rent or Quit, giving them 3 days to pay in full or vacate. Many landlords across Utah use this notice to begin the eviction process when rent goes unpaid.
Applicable law: Utah Code § 78B-6-802(1)(c)
Lease Violations
A lease agreement outlines the expectations between landlords and tenants. When tenants break those terms, Utah landlords have the right to start the eviction process.
Common examples of lease violations include:
- Keeping a large dog in a no-pet apartment in downtown Salt Lake City.
- Subletting a Logan unit without getting the landlord’s written consent.
- Throwing loud weekend parties that disturb neighbors in an Ogden duplex.
Lease agreements protect both parties. Landlords and tenants should always review the lease agreement carefully before signing to avoid disputes or evictions later.
Applicable law: Utah Code § 78B-6-802(1)(a)
Illegal Use of the Premises
Under Utah law, landlords can evict tenants who commit illegal acts on or near the rental property. For example, if a tenant runs an unlicensed cannabis grow in a garage, sells drugs from an apartment, or hides stolen goods in the rental unit, the landlord can take immediate legal action. Acting quickly helps protect the property and keep the neighborhood safe.
In many cases of illegal activity, the landlord can serve a 3-Day Notice to Quit, which orders the tenant to vacate immediately without the option to fix the violation. This notice applies to serious, non-curable offenses like criminal activity or illegal use of the property.
Applicable law: Utah Code § 78B-6-802(1)(b)
Tenant Actions that Threaten Health or Safety
Utah law allows landlords to evict tenants whose behavior threatens the health or safety of others. These violations include actions that damage the property, break health codes, or create unsafe conditions.
Common examples of health and safety violations in Utah include:
- Letting garbage or animal waste pile up and attract pests.
- Disabling smoke or carbon monoxide detectors.
- Overloading outlets or using unsafe space heaters that create fire risks.
Landlords should document every issue and send written notice before filing in court. To better understand tenant obligations, review Utah’s warranty of habitability laws for details on safety and property standards.
Applicable law: Utah Code § 78B-6-802(1)(d), Utah Code § 57-22-5
Destruction or Neglect of the Rental Unit
Utah landlords can evict tenants who intentionally damage or neglect their rental unit. Property damage often includes broken windows, holes in drywall, or water damage caused by carelessness. Utah law recognizes these actions as valid grounds for eviction once properly documented.
Landlords should gather solid proof through photos, repair receipts, and written statements from contractors or neighbors. Strong documentation helps landlords present a clear case in court and recover repair costs through the tenant’s security deposit.
Applicable law: Utah Code § 78B-6-802(1)(a), Utah Code § 57-22-4
Tenant is in a Month-to-Month Rental Contract
Utah landlords can end a month-to-month rental agreement at any time without giving a reason. To do so, they must provide the tenant with 15 days’ written notice using a 15-Day Notice to Vacate. If the tenant stays past that deadline, the landlord can file an eviction case in court.
Applicable law: Utah Code § 78B-6-802(1)(e), Utah Code § 78B-6-802.5
Step-by-Step Eviction Process in Utah
The Utah eviction process requires landlords to follow a strict, step-by-step legal procedure. Each stage, from serving notice to regaining possession, must meet state requirements to ensure the eviction holds up in court.
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
When starting the eviction process, Utah landlords must identify the reason for removal and serve the correct notice. The notice should clearly explain the issue, such as unpaid rent, a lease violation, or another lawful cause. In some cases, tenants are allowed a short window to fix the problem before the landlord proceeds.
Specific actions, like criminal activity or deliberate property damage, cannot be corrected. For these non-curable violations, landlords can move forward with eviction immediately after serving the notice and waiting 3 days for it to expire. Utah law allows delivery in person, by leaving it with a responsible adult at the property, or by posting it in a visible spot if no one is home.
Notice Forms & Timelines
- 3-Day Notice to Pay Rent or Quit: Used when tenants fail to pay rent on time.
- 3-Day Notice to Comply or Vacate: Used for fixable lease violations like unauthorized pets or subletting.
- 3-Day Notice to Quit: Used for serious, non-curable issues such as illegal conduct or intentional damage.
- 15-Day Notice to Vacate: Used to end month-to-month tenancies without cause.
Applicable law: Utah Code § 78B-6-802, Utah Code § 78B-6-805
2. File an Eviction Lawsuit Against the Tenant
Once the notice period ends or the tenant fails to fix a curable violation, the landlord can then file a Complaint for Unlawful Detainer with the local district or justice court. This step officially starts the eviction case and requests possession of the rental property.
The landlord will pay a filing fee of $90 to $375, depending on the court and the claim amount. After submitting the complaint, the landlord will wait for the clerk to review the paperwork and assign a hearing date. The court will then inform both parties of the time and place to appear.
Applicable law: Utah Code § 78B-6-807, Utah Code § 78B-6-809
3. Serve Court Summons Paperwork to the Tenant
Once the Utah court clerk schedules a hearing, the landlord will hire a sheriff, constable, or licensed process server to deliver the court summons and complaint to the tenant. The process server will complete a Proof of Service form, noting the date, time, and method of delivery. The landlord will then file that form with the court to confirm proper service.
After receiving the summons and complaint, the tenant will have 3 business days to file an Answer to Unlawful Detainer with the same court. Both parties will appear at the scheduled hearing to present their evidence before the judge.
Applicable law: Utah Code § 78B-6-807(3), Utah Code § 78B-6-810
4. Attend the Eviction Hearing
When the court date arrives, both the landlord and the tenant will appear before a Utah judge, either in person or through an attorney. Each side will explain their case, sharing details about unpaid rent, lease breaches, or other reasons for eviction. The judge will listen carefully and allow both parties to present evidence.
During the hearing, the judge will review materials such as payment records, lease copies, photos, and written witness statements. After weighing all the evidence presented, the judge will then consider the facts and prepare to issue a decision in the next step of the process.
Applicable law: Utah Code § 78B-6-810, Utah Code § 78B-6-811
5. Court Reaches a Ruling
After reviewing all evidence, testimony, and court documents, the Utah judge will issue a final ruling on the eviction case. This decision typically happens at the hearing but can take up to one week, depending on the court’s workload and case complexity.
If the judge rules in the tenant’s favor, the tenant will remain in the rental and may recover court costs. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, allowing the landlord to retake possession of the property legally. The tenant will have 10 days to appeal the decision if they believe an error occurred.
Applicable law: Utah Code § 78B-6-812, Utah Code § 78B-6-813
6. Judge Issues a Writ of Restitution
Once the landlord has a Judgment for Possession, they can then ask the court for a Writ of Restitution, which authorizes the sheriff or constable to remove the tenant if the tenant refuses to leave. The writ will give the tenant 3 calendar days to vacate before law enforcement enforces it.
The landlord will deliver the writ to the county sheriff’s office, and an officer will post it at the property. If the tenant stays past the 3-day deadline, the officer will be empowered to remove them and return possession to the landlord.
Applicable law: Utah Code § 78B-6-812(2), Utah Code § 78B-6-811
7. Law Enforcement Executes the Writ of Restitution
If the deadline passes and the tenant still hasn’t moved out, the county sheriff or constable canl go to the rental property, remove the tenant, and return possession to the landlord. Officers may oversee the process to ensure it follows court orders and remains peaceful, and landlords must never attempt self-help eviction.
Under Utah law, if a tenant leaves personal property behind, the landlord must store it for at least 15 days and provide written notice explaining how to reclaim it. After that period, the landlord may sell or dispose of the belongings. Even after retaking possession, the landlord must follow these procedures to stay compliant with Utah law.
Applicable law: Utah Code § 78B-6-812(2), Utah Code § 78B-6-816
Tenant Defense Against Eviction in Utah
An eviction can seriously affect a tenant’s life, impacting their job stability, credit score, and ability to rent again. Even so, Utah tenants still have the right to defend themselves and share their side of the story in court.
Tenants who act quickly often find better outcomes. To be proactive, communicate early with landlords, document payment attempts, and keep written records of every interaction. In many cases, arranging a payment plan or move-out date can stop the eviction before it reaches court.
If tenants feel overwhelmed, they can turn to local legal resources. Utah Legal Services offers free or low-cost help for renters facing eviction or housing disputes.
Timelines to Expect
In Utah, an eviction can be completed in 1 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Utah eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-15 Calendar Days |
| Court Issuing/Serving Summons | 10-20 Business Days |
| Tenant Response Period | 3 Business Days |
| Occupancy Hearing is Held | 10 Business Days |
| Court Ruling | 60 Calendar Days |
| Court Serving Order for Restitution | Immediately |
| Final Notice Period | 1-3 Calendar Days |
Flowchart of the Utah Eviction Process
Typical Court Fees
The total cost of an eviction in Utah for all filing, court and service fees varies heavily based on service and execution fees. For cases filed in District Court, the average cost ranges from $180.
| Fee | District Court |
| Initial Court Filing | $90+ |
| Summons Service | ~$20+ |
| Order of Restitution Service | $20 + |
| Order of Restitution Execution | $50+ |
| Notice of Appeal Filing (Optional) | $240 |
Face the Utah Eviction Process Head-On
Eviction can be a challenging and time-consuming process for landlords. Using property management software helps streamline each step by tracking rent payments, storing tenant information, and staying organized during stressful evictions.
Sign up for a free account today to simplify tenant management and handle evictions efficiently from start to finish.
