Utah Eviction Notice Forms – Notice to Quit | Nonpayment
Sponsored Links
The Utah eviction forms allow a landlord to legally evict a tenant from residential property due to a violation in the lease. The most common is non-payment of rent but may be due to anything the landlord may consider a breach of the contract (See Laws).
Sponsored Links
1. Notice to Quit
The first step in the eviction process is to end the tenancy with a Notice to Quit. Failing to give proper notice will enable a court to dismiss the case later. For evictions based on nonpayment of rent or serious lease violations, the notice must be three days in length. This means the notice must state that the tenant has three days to correct the violation or pay rent, or else the landlord will file an eviction. For month-to-month tenancies, landlords must give 15-day notices, and for expired leases, owners must give five-day notices.
Property owners must personally deliver the written notice, but if the tenant is absent, the owner may post the notice on the front door.
2. Summons and Complaint
Next, if the tenant has not complied with the notice or left the property, the owner can file a Summons and Unlawful Detainer Complaint at the local district court. Either a sheriff or an adult other than the landlord may serve these documents to the tenant.
The tenant must file an Answer within three days or he or she could be in default, meaning the landlord would win the case. The hearing will occur within 10 days of service of these documents, unless it is a nonpayment of rent eviction and the parties request a later date.
3. Hearing
The hearing is similar to a trial where both parties can present their cases or have a lawyer represent them. Each party should bring any relevant evidence to support their cases, such as copies of the lease, payment receipts, photos, or witnesses.
If the landlord wins the case, the judge will order the tenant to leave the property. If the tenant does not, the landlord can request a Writ of Restitution. This is served to the tenant and demands that the tenant vacate within three days, and if not, the sheriff will forcibly remove the tenant and the tenant’s belongings.
Sources
Sponsored Links