What Is the Correct Residential Eviction Process in Utah?

As a landlord, it is important that you are aware of what the residential eviction process entails. Eviction is a sensitive topic that must be dealt with carefully to avoid any legal claims against you and to ensure that the process goes smoothly. To protect you from making mistakes, Attorney Kenyon D. Dove and Landlord Support Services are here to provide you with information and assistance.

Proper Reasons for Evicting a Tenant

When you’re evicting a tenant, you have to make sure that your reason for evicting them fits within applicable eviction law. There are four general reasons to initiate the eviction process. One, if a tenant fails to pay rent, the landlord has the right to evict them. Two, if the tenant goes against a term of the lease other than rent, barring trivialities, that can be cause for eviction. Three, a landlord can initiate the eviction process on the basis of nuisance caused by the tenant. Four, if the tenant fails to vacate the property at the end of the lease and the lease has not been renewed, that is grounds for eviction

Moving Forward with the Eviction Process

Once you have a proper reason for eviction, there is still a process you must follow. First, notice of a pending eviction must be given to the tenant, containing specific required information, including stating 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, assuming 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.

If you would rather not deal personally with evicting a tenant out of your residential investment property, contact Attorney Kenyon D. Dove at the law firm of Smith Knowles, P.C. and Landlord Support Services today.