Residential Evictions
As a landlord, it is important that you are aware of what the residential eviction process entails. Eviction is a sensitive topic, so you must approach it carefully to prevent legal claims and ensure a smooth process. To protect you from making mistakes, Attorney Kenyon D. Dove and our landlord legal services team are here to provide you with information and assistance.
Moving Forward with the Eviction Process
Once you have a proper reason for eviction, there is still a process you must follow. First, the landlord must issue a formal eviction notice to the tenant. This contains specific required information, including the reason for the eviction and what, if anything, the tenant can do to avoid eviction. For instance, if the notice is for non-payment of rent, the tenant could either pay all past due rent or vacate the property within a specific period of time. If the notice is for violation of a no-pets policy, the tenant can either cure the default – that is, give their pets away – or vacate the property. The notice must also have a date by which the tenant should have done whatever was recommended. The time periods vary based on state and circumstances.
Filing an Eviction Lawsuit
After the time period is up, if the tenant has not followed the instructions or has not vacated the property, a lawsuit must then be filed in order to obtain an order requiring them to vacate the property. Occasionally it becomes necessary for law enforcement to get involved to enforce the order obtained from the Court.
For specific legal guidance and someone to handle the eviction of your difficult tenant, contact Attorney Kenyon D. Dove and our landlord legal services team at Smith Knowles today.
Commercial Evictions
Though evicting a tenant is never easy, it is important to uphold the standards of the commercial building for which you are a landlord in order to continue to attract qualified tenants.
Evictions involve complex statutes and rules that landlords must follow. Our landlord legal services team is here to help with your commercial eviction every step of the way. Just like residential tenants, commercial tenants must pay the agreed amount of rent on time. Commercial tenants must also usually pay common area maintenance (CAM) fees and other costs. Commercial tenants must also follow certain rules. If a tenant does not follow these rules or doesn’t pay the fees, you, as the landlord, have the right to evict the tenant from the building.
Notifying the Tenant
We understand that notifying tenants of an eviction is difficult, and that’s why we offer services that will provide written notice to your tenants before the eviction process begins. This gives tenants time to cure the problem or vacate the building before you escalate the matter. As per the Utah eviction laws, the tenant must have written notice so that they can refute the eviction.
Getting the Courts or Authorities Involved
In rare cases when the tenant refuses to leave or refutes the reasons for eviction, the eviction law specialists at our Utah landlord legal services team can work with you to either get the authorities involved or to take the case to court. If the case goes to court, we promise to represent you in such a way that gives you a better chance of having the case turn out in your favor. If you are having a difficult time with a tenant or are not getting the rent or CAM fee payments that you and the commercial tenant agreed upon, let our landlord legal services attorneys know. We can walk you through the eviction process and do all the hard work for you at a reasonable price.
Call us today at (801)-476-0303.