I’m a Utah landlord with a difficult tenant. I’ve given the tenant the proper Utah termination notice, but he still won’t leave. What next? What is the Utah eviction process?
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UPDATED: Feb 13, 2020
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If you are a Utah landlord who has served your tenant with the proper Utah lease termination notice but the tenant still won’t leave, you must now file in court for eviction. You will have to go to your local District Court and submit the paperwork. The court will then serve a summons on your tenant, who will have to respond within 3 days.
The court will also set a date for a hearing. Both you and your tenant must show up and argue your respective sides. The judge will consider your arguments and rule for one of you. If the judge rules for you, the tenant may have a certain limited time to appeal, and then will have to move out. If the tenant still doesn’t move out even though he or she has been legally evicted, you can apply to the court for an “order of restitution.” This is an order that allows the sheriff to physically remove the tenant from your property. Remember that at no time should you remove the tenant yourself. It is illegal and may allow the tenant to sue you.
Remember that if you are ever unsure about what to do next, consulting with an experienced Utah evictions attorney is an option to help guide you through this process and take some of the pressure off yourself.