Outline of the Eviction Process in Utah

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Utah Code Ann. § 78B-6-801 to § 78B-6-816 (Forcible Entry and Detainer); § 57-16-1 to § 57-16-19 (Residential Landlord and Tenant).

2. Notice to Quit

• Written Notice to Quit or Comply served:
  • Non-payment: 3-day notice to pay or vacate.
  • Lease violation: 3-day notice to cure or vacate (if curable); 3-day for non-curable.
  • Month-to-month: 15-day notice to terminate.
  • No-fault/end of lease: 15-day notice.
  • Illegal activity or holdover: 3-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), posted on door, or delivered to resident with mailed copy.
• Tenant can cure by paying rent or fixing violation (within 3 days).

3. Filing the Eviction Case

• File Complaint for Unlawful Detainer in District Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$75–$185 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 4 days before hearing.
• Methods: Personal delivery, left with resident (age 14+), or posted and mailed.
• Tenant must file Answer within 3 business days or appear at hearing.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Order of Restitution if landlord wins (3–5 days to vacate).
• Appeal: 5 days to Court of Appeals (requires bond).
• Writ of Restitution issued: ~5–10 days post-judgment (if tenant doesn’t vacate); sheriff or constable serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff or constable removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Utah Code Ann. § 78B-6-812.

8. Tenant Protections

• Rights:
  • Cure violations (3 days, if curable), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties up to 3 months’ rent or actual damages).
• Resources:
  • Utah Legal Services (800-662-4245), utahlegalservices.org, utcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. County variations may apply.
• Sources: Utah Code Ann. § 78B-6-801 to § 78B-6-816, § 57-16-1 to § 57-16-19; utcourts.gov; utahlegalservices.org.

Eviction Process by State