Landlords should familiarize themselves with the statewide rules and procedures that govern evictions in the state of Utah and understand their responsibilities.
Quick Facts for Utah
- Grounds for Eviction: Failure to pay rent, lease term violations & illegal behavior
- Notice Required for Nonpayment of Rent: 3-Day Notice to Pay or Vacate
- Notice Required for Eviction without Cause: 5-Day Notice to Vacate for fixed-term tenants; minimum 15-Day Notice to Vacate for ongoing at-will tenants
- Notice Required for Lease Violations: 3-Day Notice to Comply or Vacate (for curable violations) or 3-Day Notice to Vacate (for incurable violations)
- Fastest a Landlord Can Evict for Illegal Acts: 3 days, via Notice to Vacate
- Duration for Tenant to Appeal Eviction Ruling: Not specified, but tenants who wish to contest eviction must attend court hearing
How Long Does it Take to Evict a Tenant in Utah?
This is a difficult question to answer with any amount of certainty. The eviction process is a multi-step legal procedure.
In the state of Utah, the eviction process is initiated when the landlord provides his/her tenant with a written notice. This notice may be provided to the tenant by personal delivery, registered or certified mail, by being left with someone of reasonable age at the tenant’s residence, or by posting in a conspicuous place at the rental property. The type of notice required, and the amount of time the notice will allow the tenant to remedy the situation and/or vacate the property, depends upon the reason the landlord is seeking to reclaim the rental property.
If the tenant fails to remedy the situation and remains on the property beyond the amount of time allowed in the notice, the landlord may proceed with the eviction process by filing an Unlawful Detainer Lawsuit with the court.
Ultimately the amount of time required to evict a tenant in the state of Utah will depend upon the reason the eviction is being sought and the tenant’s willingness to fight the eviction process.
Reasons for Eviction in Utah
There are a number of reasons that a landlord may seek to evict a tenant in the state of Utah. These include:
- Failure to pay rent (U.C.A. 78B-6-802(c))
- Violation of the terms of the lease or rental agreement (U.C.A. 78B-6-802 (d)(e)(f))
- Participating in illegal activity on the rental property (U.C.A. 78B-6-802 (g))
Eviction for Failure to Pay Rent
In the state of Utah, a landlord may evict a tenant for failing to pay rent. The landlord must first provide the tenant with a written 3-Day Notice to Pay or Vacate before he/she may proceed with the eviction process(U.C.A. 78B-6-802(c)). If the tenant fails to pay rent and remains on the rental property beyond the three days allowed, the landlord may proceed with the eviction process by filing a Summons and Complaint with the court.
Eviction if Rent has Been Paid
In the state of Utah, a landlord may evict a tenant without cause if the tenant is renting without benefit of a written lease.
Evicting a Tenant For Violation of Rental Agreement/Lease
When a tenant in the state of Utah violates a term of their rental agreement, the landlord must first provide him/her with a written 3-Day Notice to Comply or Vacate when the tenant has the opportunity to remedy the situation or a 3-Day Notice to Vacate if the landlord isn’t required to provide the tenant with the option of remedying the situation (U.C.A. 78B-6-802 (d)(e)(f)).
Evicting a Tenant for Illegal Behavior
Although the particular notice required when a tenant has engaged in illegal behavior varies, the amount of time the tenant has to vacate the rental property is consistently 3-Days. If the tenant continues to remain on the rental property beyond the three days allowed in the Notice to Vacate, the landlord may proceed with the eviction process.
How Does a Landlord Evict a Tenant in Utah When There is no Lease?
When there is no written notice, the tenant is referred to as an “at-will” tenant, and he/she may be evicted without cause so long as the appropriate notice is provided. When dealing with a tenant who has a set ending to their rental agreement, the landlord must provide a written 5-Day Notice to Vacate before he/she may proceed with the eviction process. If the “at-will” tenant is renting without benefit of an end date, the landlord must provide a minimum 15-Day Notice to Vacate before he/she may proceed with the eviction process.
When Can a Tenant in Utah Not Be Evicted?
In Utah it is illegal for a landlord to attempt to evict a tenant based on his/her sex, race, religion, nation of origin, familial status, or disability status.
Once the Notice has Expired
The landlord may proceed with the eviction process by filing an Unlawful Detainer Lawsuit with the district court where the rental property is located. The court will have the tenant served with copies of the complaint and summons. The hearing date will generally be within ten days of the court filing. If the tenant wishes to fight the eviction process, he/she must attend the court hearing.
Once Eviction Occurs
If the court rules in favor of the landlord, he/she may request a Writ of Restitution. If the tenant continues to refuse to vacate the property, the writ allows him/her to seek the sheriff or constable’s assistance in removing the tenant.
Make sure to read the Utah Code Title 78b 6-811 & 6-816 before starting the eviction process. Landlords should make sure to educate themselves on their rights and responsibilities on this topic.