UTAH EVICTION ATTORNEY
Our landlord legal services, provided by the attorneys of Smith Knowles, offers the expertise, knowledge, and training to meet your every legal need as a landlord in Utah.
Why Work With Us?
Our landlord legal services team, led by attorneys Kenyon D. Dove and JC Sessions, is affiliated with Smith Knowles, PLLC located in the city of Ogden, in Weber County, Utah. We provide a full range of legal services to assist Utah landlords with any issue that may arise in their business— from tenant application assistance and eviction of difficult tenants to judgment collections, business organization advice, and guidance when a tenant files bankruptcy. If you are looking for a Utah eviction attorney our team can assist you. Whether you own residential or commercial property, our team is here to assist with all your legal rental property needs.
As a Utah eviction attorney and partner at Smith Knowles, Kenyon D. Dove has advised clients for many years across hundreds of cases. He helps landlords reach the best resolution possible that aligns with their specific business model and goals. Our team focuses on building strong working relationships with clients to help you understand the legal process, take preventive measures, and reach effective solutions in a cost-effective way. We prioritize efficiency, dependability, and clear, constant communication so you always stay informed on the status of your case.
The Utah Eviction Process
Step 1: Notice
Any eviction process in Utah begins with service of a notice. This notice may give tenants an opportunity to pay past due rent before they are required to vacate the property. Or, it may be a notice that the tenant must leave immediately. This depends on the terms of the lease and applicable Utah law.
Step 2: Lawsuit
If the tenant fails to pay or leave following service of the notice, the next step is to file a lawsuit against the tenant. Utah law allows for a shorter process than most lawsuits. This allows removal of the defaulting tenant from the property and placement of a new tenant in the property quicker. At this stage you can ask the Court for reimbursement of lost rents, property damages, attorney fees and other expenses. If the tenant has stayed past the deadline given in the notice to vacate the property, the tenant may be in unlawful detainer. This may entitle you, the landlord, to a judgment for treble damages for a period of time.
Step 3: Occupancy Hearing
In the past if the tenant/defendant answered the complaint, the landlord was required to post a possession bond (deposit money) with the Court if the landlord wanted to remove the tenant during the pendency of the lawsuit. Now, Utah law allows the landlord to request an occupancy hearing. In this hearing, the Court determines which party has the right to occupy the property during the remainder of the lawsuit. The hearing should be held within a short time following the filing of the answer by the tenant.
Step 4: Order of Restitution
A landlord must obtain this order of the Court in order to remove the tenant from the property. In some circumstances, you may be entitled to an immediate removal from the property. Other circumstances allow the tenant a few days of additional time to vacate the property. In any event, once the allowed time has expired, if the tenant has not vacated the property voluntarily, the tenant may be forcibly removed from the property by the sheriff or constable serving the Order. If the tenant leaves personal property at the premises, you may be required to store the items for a short period of time.
Post-Foreclosure Evictions
For the eviction of tenants following a foreclosure it takes specialized knowledge, information, and service that we can provide.
Commercial Evictions
Commercial evictions are similar to residential evictions in many ways. The proper notice must be served. An Order of Restitution is required to remove a tenant from a commercial property. One difference is that you are often dealing with a business or other going concern which is somewhat more difficult to move to a new location than your average residential renter. It is often beneficial to enter into a stipulation to avoid excessive cost.