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How to Evict a Utah Tenant

Evicting a Tenant in Payson Utah

Are you wondering how to evict a Utah tenant?  The first thing you do is write a “Notice to Quit.” Utah has several types of eviction notices. One popular one is called a Notice to Quit; the proper one depends on the reason for the eviction and the type of tenancy involved. Each notice must state the reason for the notice, the name of the tenant, the name of the landlord, the address of the home, and instructions on what to do. Instructions like pay rent now or vacate the property.

Three Day Notice to Pay Rent or Quit

Several notices may be delivered to the tenant but remember you must be able to prove they received a copy with a signature.Some people refer to this as a “THREE DAY NOTICE TO PAY RENT OR QUIT” This form starts off as follows: Pursuant to Utah State Law You Must do One of the Following: Rent Due for the Period through; Late Fees Accruing Through, Other Fees Now Due, Total to be Paid.”All residents and occupants are required to vacate the above premises within 3 (three) days. Such premises to be surrendered to the undersigned according to the terms of the Residential Rental Agreement.In the event the Residents and occupants fail to either vacate the premises or pay the amounts stated above within 3 (three) days, each will be in violation of Utah Code Annotated 78-36 and in unlawful detainer of the premises. Utah law provides for damages equal to three times the amount of rent due for unlawful detainer. The undersigned will institute legal action to obtain restitution of the premises and a judgment for all rent, damages, court costs, attorney fees, and such other sums as provided for the rental agreement.”  

How to Evict a Utah Tenant

The Eviction Process

The eviction process on how to evict a utah tenant.

Deliver an original copy of the notice to the tenant and have the tenant sign a copy of the notice acknowledging receipt of the notice. The best way to do this is via certified mail with a signature. If you go to court you will need to prove that the tenant had a copy of your notices. Keep the copy that the tenant signed.

Wait the time specified in the notice typically this is 3 days. If the tenant complies or vacates within the time period, formal eviction proceedings do not need to be started. If the tenant does not move a formal eviction should start.

File an eviction lawsuit in the Utah county court in the county where the leased property is. If you are evicting a tenant in Payson Utah you would start your eviction in a Utah County court. Use Utah’s Online Court Assistance Program to properly prepare this document if you choose not to see an attorney on this matter. Deliver a copy of the document to the tenant. The best way to deliver a eviction to a tenant is via certified mail where the tenant must sign.

Comply with the court orders and schedules. If you win, the court will order the eviction, and the tenant will be removed. You can do this entire process yourself or hire a lawyer to help you evict a tenant.

If you need help selling your home once your tenant has been evicted feel free to contact Paul Teasdale with Team Teasdale Realty. I hope you found this information helpful on how to evict a tenant in Utah. Paul will help you determine the value of your home and get it listed and sold!

If you need help on how to evict a Utah tenant please contact a lawyer.

Payson Utah Realtor

 

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