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 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Utah, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Unlawful Detainer’) with the court the following business day. The filing fee for an initial Unlawful Detainer ranges from $90 -$375. [ttip number=’1′ icon=’popover-balance’]
The initial court fee depends on the amount of the claim, for example:
- Claims $2,000 or less the filing fee is $90.
- Claims more than $2,000 but less than $10,000 the filing fee is $200.
- Claims more than $10,000 the filing fee is $375.
2. Summons Service Fee
Once a Complaint is filed in Utah, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff shall charge $20, plus a mileage fee of $2.50 per mile traveled.[ttip number=’2′ icon=’popover-balance’] However, a registered private process server may charge more.
3. Order of Restitution Service Fee
In Utah, if the court rules in favor of the landlord, the landlord can request an Order of Restitution. The order is the tenant’s final notice to vacate the premises.
A sheriff or constable must serve the Order of Restitution to the tenant. The sheriff or constable can charge a service fee of $20, plus a mileage fee of $2.50 per mile traveled. [ttip number=’3′ icon=’popover-balance’]
4. Order of Restitution Execution Fee
If a tenant in Utah does not comply with the Order of Restitution, a sheriff or constable can return to the property to enforce the order by removing the tenant and returning possession of the property to the landlord.
A sheriff or constable can charge $50 plus [ttip number=’4′ icon=’popover-balance’] a mileage fee of $2.50 per mile traveled to enforce the order.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 5 calendar days of the judgment. The filing fee for an Appeal is $240, [ttip number=’5′ icon=’popover-balance’] this applies to all counties in Utah.
Sources
- 1 Utah Code Annotated §78A-2-301 (2021)
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(b) The fee for filing a complaint or petition is: (i) $90 if the claim for damages or amount in interpleader exclusive of court costs, interest and attorney’s fees is $2,000 or less; (ii) $200 if the claim…is greater than $2,000 and less than $10,000; (III) $375 if the claim…is $10,000 or more…
- 2 Utah Code § 17-22-2.5 ( 2021)
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…the sheriff shall charge the following fees: (a) for serving a…summons and complaint…on each defendant, including copies when furnished by plaintiff, $20;…(5)(a) When travelling generally to serve notices, orders, process or other papers the sheriff may receive…$2.50 for each mile necessarily traveled in going only, computed from the courthouse for each person served to a maximum of 100 miles.
- 3 Utah Code § 17-22-2.5 (2021)
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…the sheriff shall charge the following fees: (a) for serving …order…on each defendant, including copies when furnished by plaintiff, $20;…(5)(a) When travelling generally to serve notices, orders, process or other papers the sheriff may receive…$2.50 for each mile necessarily traveled in going only, computed from the courthouse for each person served to a maximum of 100 miles.
- 4 Utah Code § 17-22-2.5 (2021)
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…(i)… putting any person entitled to possession into possession of premises, and removing occupant, $50…(5)(a) When travelling generally to serve notices, orders, process or other papers the sheriff may receive…$2.50 for each mile necessarily traveled in going only, computed from the courthouse for each person served to a maximum of 100 miles.
- 5 Utah Code Annotated §78A-2-301 (2021)
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(h) The fee for filing a notice of appeal… is $240.