Steps of the eviction process in Utah:
- Landlord serves tenant written notice.
- Landlord files complaint with court (if unresolved).
- Answer is filed.
- Occupancy hearing is held.
- Eviction trial is held and judgment issued.
- Order for restitution is issued.
- Possession of property is returned to landlord.
Evicting a tenant in Utah can take around one to four months, depending on the reason for the eviction and how the landlord chooses to file the eviction case. If the landlord posts a possession bond, the timeline may be shorter than what’s outlined below.
Grounds for an Eviction in Utah
In Utah, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include nonpayment of rent, staying after the lease ends, violating lease terms, illegal subleasing, committing waste, and illegal activity. Even so, proper notice must first be given before ending the tenancy.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 3 Days | Maybe |
| End of / No Lease | 15 Days | No |
| Lease Violation | 3 Days | Maybe |
| Subleasing | 3 Days | No |
| Committing Waste | 3 Days | No |
| Illegal Activity | 3 Days | No |
Eviction for Nonpayment of Rent
In Utah, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 3 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in Utah the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days); however, weekends and legal holidays are excluded.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
Eviction for No Lease or End of Lease
In Utah, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (15 days for tenants that pay month-to-month).
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Eviction for Violation of Lease or Responsibilities
In Utah, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Utah landlord-tenant law. To do so, landlords must give 3 days’ notice to fix the issue or vacate. Landlords must give the tenant the option to correct the issue or move out.
Tenant responsibilities include:
- Complying with all rules of the board of health which materially affect physical health and safety.
- Disposing of all garbage and other waste in a clean and safe manner.
- Maintaining all plumbing fixtures in a sanitary condition.
- Using all facilities and appliances in a reasonable manner.
- Occupying the rental unit for which it was designed.
- Not increasing the number of occupants above the specified amount in the rental agreement.
- Complying with all rules, regulations and requirements under the rental agreement.
- Not intentionally or negligently destroying, defacing, damaging, impairing or removing any part of the dwelling unit.
- Not unreasonably denying access to the landlord for the purpose of repairs.
Examples of lease violations:
- Having an unauthorized pet, guest or vehicle.
- Parking in an unauthorized area.
- Not maintaining a certain level of cleanliness.
Eviction for Subleasing Rental Unit
In Utah, a landlord can evict for subleasing if the tenant’s lease agreement specifically prohibits subleasing. To do so, the landlord give 3 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out.
If the tenant doesn’t correct the issue before the notice period expires, the landlord may continue with the eviction process.
Eviction for Committing Waste
In Utah, a landlord can evict a tenant if they engage in waste inside or on the rental property. To do so, they must first give 3 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out.
Examples of “waste” include:
- Physically harming the property.
- Allowing trash to pile up.
- Failing to maintain the rental property in a clean and safe manner.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Eviction for Illegal Activity
In Utah, a landlord can evict a tenant if they are involved in illegal activity, a non-criminal nuisance or a criminal nuisance. To do so, a landlord must give 3 days’ notice to vacate. The tenant does not have the option to fix the issue and must move out.
In Utah, illegal activity includes
- Setting up or carrying on an illegal business.
- Suffering, permitting or maintaining a “nuisance” on the rental property.
- Committing a “criminal act” on the rental property.
Non-criminal nuisances include the following:
- Disturbing other tenants or neighbors.
- Having visitors or parties so frequently that it interferes with the neighbor’s quiet enjoyment.
- Selling, manufacturing, storing, distributing, or dispensing a controlled substance.
- Gambling, being involved in prostitution or having a weapons violation.
- Committing a criminal activity carried out by two or more people working together.
- Committing a criminal activity done for or on behalf of a criminal street gang.
- Committing criminal activity done to gain status or credibility with a criminal street gang.
Finally, criminal activity includes:
- Committing a felony.
- Being involved in a criminal act that affect the health or safety of the landlord or other tenants.
- Committing an activity that damages the landlord’s or other tenants’ property.
- Being involved in criminal drug activity or criminal gang activity.
- Threatening or being violent against the landlord or other tenants.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
Illegal Evictions in Utah
In Utah, any of the below is illegal. If found liable, the jury or court will assess the damages.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks.
- Shutting off utilities.
- Removing tenant belongings.
- Holding the property by force.
- Unlawfully entering the property.
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about habitability issues to the landlord or any authority tasked to enforce the law in good faith.
- Pursuing a legal right to remedy habitability issues.
Although Utah law does not have a state statute prohibiting landlord retaliation, Utah’s courts have recognized that a retaliatory eviction is a legitimate defense for a tenant to file an unlawful detainer action.
Step 1: Landlord Serves Notice to Tenant
A landlord can begin the eviction process in Utah by serving the tenant with written notice. The notice must be delivered by one of the following methods:
- Giving it to the tenant in person.
- Mailing a copy to the tenant via certified/registered mail.
- Leaving the notice with someone of suitable age and discretion if the tenant cannot be found.
- Posting a copy of the notice in a conspicuous place at the rental unit if the tenant cannot be found and there is no suitable person to give the notice to.
It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice.
3-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Utah, the landlord can serve them a 3-Day Notice to Pay or Quit. This notice gives the tenant 3 calendar days to pay the entire remaining balance or vacate the premises.
15-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Utah, the landlord must serve them a 15-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 15 calendar days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| At-Will Tenants | 5 Days |
| Month-to-Month | 15 Days |
3-Day Notice to Cure or Vacate
In Utah, if a tenant commits a violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 3-Day Notice to Cure or Vacate. This eviction notice gives the tenant 3 calendar days to fix the issue or move out.
3-Day Notice to Quit
In Utah, if a tenant subleases the rental unit without the landlords permission, commits waste, or is involed with illegal activity, the landlord can serve them a 3-Day Notice to Quit. This eviction notice gives the tenant 3 calendar days to move out without the chance to fix the issue.
Step 2: Landlord Files Lawsuit with Court
Utah landlords have two options to proceed with an eviction action.
They can either file the complaint with the court first and then serve the summons and complaint on the tenant within 120 days of the date the complaint was filed with the court, or they can start by serving the summons and complaint on the tenant and then filing the paperwork with the court.
If landlords choose to serve the tenant first, then they must file the summons and complaint with the court within 10 days of the date the summons and complaint were served on the tenant.
In the state of Utah, filing the complaint with the court costs $90-$375 in filing fees, depending on how much the landlord is asking the tenant to pay in past-due rent, damages, or other costs.
The summons and complaint may be served on the tenant by a sheriff, constable, a U.S. Marshal or anyone over the age of 18 who isn’t part of the case and has not been convicted of a felony violation of a sex offense nor a respondent in a protective order proceeding through one of the following methods:
- Giving a copy to the tenant in person;
- Leaving a copy with someone of “suitable” age who resides with the tenant; or
- Mailing a copy to the tenant as long as a return receipt is requested.
Step 3: Answer is Filed
If tenants want to object to, or contest, the eviction, they must file a written answer with the court.
Tenants will have three bussiness days after they receive the summons and complaint to file their answer. The answer explains why the tenant doesn’t believe they should be evicted.
If tenants fail to file their answer with the court, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out without being allowed to attend an eviction hearing.
Tenants may request additional time to file an answer, but this request may or may not be granted.
Step 4: Occupancy / Evidentiary Hearing is Held
In Utah, once tenants have filed their answer with the court, the next step is for the landlord or tenant to request an occupancy hearing, to determine whether the tenant is allowed to remain in the rental unit while waiting for the final ruling from the eviction hearing.
The occupancy hearing must be held within 10 days of the date the tenant files their answer with the court. This hearing may also be called an “evidentiary” hearing.
If the landlord does not want to wait 10 days for an occupancy hearing they can file for a possession bond with the court.
It is possible that the court could rule in favor of the landlord at this hearing, and there will not be a second (eviction) hearing.
Step 5: Eviction Trial and Judgment
If the judicial officer decides during the occupancy hearing that an eviction trial is necessary, it will be held within 60 days of the date the complaint was filed with the court.
An eviction hearing will only be held if the judicial officer could not determine whether the tenant should be evicted during the occupancy/evidentiary hearing.
If the tenant fails to appear for the eviction hearing, the judicial officer will issue a default judgment in favor of the landlord, meaning the tenant will have to move out.
If the judicial officer rules in favor of the landlord, either through a default judgment or at an eviction hearing, an order for restitution will be issued and the eviction process will continue.
Either party can appeal within 10 days of the ruling, or within three days of the ruling for illegal activity/nuisance evictions.
Step 6: Order for Restitution is Issued
The order for restitution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before a sheriff or constable return to the property to forcibly remove the tenant. Along with the Order of Restitution, the Request for Hearing Regarding Enforcement of an Order of Restitution form must be served with it. The form allows the tenant to request a hearing if they disagree with how the Order of Restitution was enforced.
These documents must be served by a sheriff, constable, or private investigator.
If the court has ruled in the landlord’s favor, then an order for restitution will be issued immediately.
Step 7: Possession of Property is Returned
Once tenants are served with the restitution order, they will have three days to move out of the rental unit before law enforcement officials return to forcibly remove the tenant from the property.
For evictions due to illegal activity, the tenant may be removed immediately.
Utah Eviction Process Timeline
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 Utah Eviction Process
For additional questions about the eviction process in Utah, please refer to the official legislation, Utah Code §78B-6-801 to 78B-6-816, and the Utah Rules of Civil Procedure, Rules 3 and 4, for more information.
Sources
- 1 UT Code §78B-6-802 (2019)
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(1)(c) continues in possession…after default in the payment of any rent…and after a notice in writing requiring in the alternative the payment of the rent and other amounts due or the surrender of the detained premises, has remained uncomplied with for a period of three business days after service, which notice may be served at any time after the rent becomes due…
- 2 UT Code §78B-6-802 (2019)
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(1)(b) …for an indefinite time with monthly or other periodic rent reserved: (i) …the owner, 15 calendar days or more before the end of that month or period, has served notice requiring the tenant to quit the premises…or (ii) in cases of tenancies at will, remains in possession of the premises after the expiration of a notice of not less than five calendar days…
- 3 UT Code §78B-6-802 (2019)
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(1)(h) continues in possession…after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held…and after notice in writing requiring in the alternative the performance of the conditions or covenant or the surrender of the property, served upon the tenant and upon any subtenant in actual occupation of the premises remains uncomplied with for three calendar days…
- 4 UT Code §78B-6-802 (2019)
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(1)(d) assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste on the premises after service of a three calendar days’ notice to quit…
- 5 UT Code §78B-6-802 (2019)
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(1)(e) …any unlawful business on or in the premises after service of a three calendar days’ notice to quit; (f) suffers, permits, or maintains on or about the premises any nuisance, including nuisance as defined in Section 78B-6-1107 after service of three calendar days’ notice to quit… (g) commits a criminal act on the premises and remains in possession after service of a three calendar days’ notice to quit…
- 6 UT Code §78B-6-1107 (2019)
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(1)(a) …the unlawful sale, manufacture, service, storage, distribution, dispensing, or acquisition… of any controlled substance… (b)gambling… (c) …two or more persons… (d) …for the benefit of, at the direction of, or in association with any criminal street gang… (e) …to gain recognition, acceptance, membership, or increased status with a criminal street gang… (g) prostitution… (h)a violation of Title 76, Chapter 10, Part 5, Weapons, occurs on the premises…
- 7 UT Code §78B-6-810 (2019)
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(3)(a)(i)(A) …a felony… (B) …affecting the health or safety of a tenant, the landlord…or other individual… (C) …causes damage or loss to any tenant’s property or the landlord’s property; (D) a drug- or gang-related act that would be considered criminal; (E) an act or threat of violence against any…individual on the premises…any other act that…directly impacts the safety or peaceful enjoyment of the premises…
- 8 UT Code § 78B-6-811 (2021)
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(2) The jury or the court, if the proceeding is tried without a jury or upon the defendant’s default, shall also assess the damages resulting to the plaintiff from any of the following: (a) forcible entry; (b) forcible or unlawful detainer;…(d) the amounts due under the contract, if the alleged unlawful detainer is after default in the payment of amounts due under the contract…
- 9 Utah Code § 57-22-6 (2021)
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…(c) If, in an action under Subsection (5)(a), the court finds that the owner unjustifiably refused to correct a deficient condition or failed to use due diligence to correct a deficient condition, the renter is entitled to any damages, in addition to the applicable renter remedy.
- 10 UT Code § 78B-6-814 (2021)
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It is unlawful for an owner to willfully exclude a tenant from the tenant’s premises in any manner except by judicial process, provided, an owner or his agent shall not be prevented from removing the contents of the leased premises under Subsection 78B-6-816(2) and retaking the premises and attempting to rent them at a fair rental value when the tenant has abandoned the premises.
- 11 UT Code § 78B-6-801 (2021)
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…(2) “Forcible detainer” means:
(a) holding and keeping by force, or by menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or
(b) unlawfully entering real property during the absence of the occupants or at night, and, after demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant.
(3) “Forcible entry” means:
(a) entering any real property by:
(i) breaking open doors, windows, or other parts of a house;
(ii) fraud, intimidation, or stealth; or
(iii) any kind of violence or circumstances of terror; or
(b) after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession.
- 12 Bldg. Monitoring Systems, Inc. v. Paxton
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…the Utah legislature has not adopted such a statute. However, in many jurisdictions, courts have recognized that the promulgation of housing regulations provides support for the establishment of the retaliatory eviction defense. …landlord has taken retaliatory action against a tenant with respect to residential property whenever [the landlord] undertakes to terminate a tenancy that is terminable by an appropriate notice, or refuses to renew a tenancy for a specified term when that term ends, if:
(1) there is a protective housing statute embodying a public purpose to insure proper conditions of housing, especially multi-unit housing designated for rental to tenants of low or moderate income;
(2) the landlord is in the business of renting residential property;
(3) the tenant is not materially in default in the performance of his obligations under the lease at the time the landlord acts;
(4) the landlord is primarily motivated in so acting because the tenant, either alone or through his participation in a lawful organization of tenants, has complained about a violation by the landlord of a protective housing statute; and
(5) the tenant’s complaint was made in good faith and with reasonable cause.
- 13 Utah Rules of Civil Procedure, Rule 4 (2018)
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(b) Unless the summons and complaint are accepted, a copy of the summons and complaint in an action commenced under Rule 3(a)(1) must be served no later than 120 days after the complaint is filed…
- 14 Utah Rules of Civil Procedure, Rule 3 (2018)
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(a) A civil action is commenced (1) by filing a complaint with the court, or (2) by service of a summons together with a copy of the complaint…If the action is commenced by…service…then the complaint, the summons and proof of service, must be filed within ten days of such service. If…not filed within ten days of service, the action commenced shall be deemed dismissed…
- 15 Utah Rules of Civil Procedure, Rule 4 (2018)
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(d)(1) The summons and complaint may be served by any person 18 years of age or older at the time of service and not a party to the action or a party’s attorney…(d)(1)(A) …by delivering a copy…to the individual personally, or by leaving them at the individual’s dwelling… with a person of suitable age and discretion who resides there…
- 16 Utah Rules of Civil Procedure, Rule 4 (2018)
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(d)(2)(A) The summons and complaint may be served upon an individual…by mail or commercial courier service in any state or judicial district of the United States provided the defendant signs a document indicating receipt.
- 17 UT Code §78B-6-807 (2019)
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(3)(a) The summons shall include the number of days within which the defendant is required to appear and defend the action, which shall be three business days from the date of service, unless the defendant objects to the number of days, and the court determines that the facts of the case should allow more time.
- 18 UT Code §78B-6-810 (2019)
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(2)(a) In an action for unlawful detainer, the court shall hold an evidentiary hearing, upon request of either party, within 10 business days after the day on which the defendant files an answer or response.
- 19 UT Code §78B-6-810 (2019)
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(1)(b) the court shall begin the trial within 60 days after the day on which the complaint is served, unless the parties agree otherwise…
- 20 UT Code §78B-6-813 (2019)
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(1) Except as provided in Subsection (2), either party may, within 10 days, appeal from the judgment rendered. (2) In a nuisance action under Sections 78B-6-1107 through 78B-6-1114, any party may appeal from the judgment rendered within three days.
- 21 UT Code §78B-6-811 (2019)
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(4)(a) If the proceeding is for unlawful detainer, execution upon the judgment shall be issued immediately after the entry of the judgment. (b) In all cases, the judgment may be issued and enforced immediately.
- 22 UT Code §78B-6-812 (2019)
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(1) An order of restitution shall: (a) direct the defendant to vacate the premises…or be forcibly removed by a sheriff or constable; (b) advise the defendant of the time limit set by the court for the defendant to vacate the premises, which shall be three calendar days following service of the order…
- 23 UT Code §78B-6-810 (2019)
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(3)(d) If an order of restitution is issued in accordance with Subsection (3)(c), a constable or the sheriff of the county where the property is situated shall return possession of the property to the plaintiff immediately. (e) The court may allow a period of up to 72 hours before restitution may be made under Subsection (3)(d) if the court determines the time is appropriate under the circumstances.
