To: All team members
Re: Training Memorandum
*Overview of the Eviction Process in Utah: (utahcourts.gov/howto/landlord)
Under Utah law, after the landlord has given applicable notice which can be a 3-Day Notice, 15 or 30-Day Notice to Terminate Tenancy “Notice to Quit” which brings the tenant’s lease rights to an end. The specific notice of time required is determined by the tenant’s status. After the “Notice to Quit” time has expired and the tenant fails to comply with the terms of the notice, including failing to vacate the property, The landlord must file a summons and complaint for “Unlawful Detainer” with the court setting forth the facts on which it seeks to recover, and the relief being sought, which may include damages and unpaid rent. The tenant must also be served with the summons and complaint. The tenant will typically have three business days in which to file an answer with the court. If the tenant does file an answer the next step will likely be a hearing before the judge, who will decide how the matter should be resolved. The tenant must include any applicable defenses and counterclaims in its answer.
If the tenant does not file an answer to the summons and complaint the landlord will submit a default judgment against the tenant for the judge’s signature. Once the order for restitution is signed, this is given to the constable who will notify the tenant of the date and time they must be out of the premises, at which time the locks will be changed. If needed, the constable will physically remove the tenants at that time. Personal property remaining in the premises can be inventoried and stored by the landlord. Tenant can recover its personal property by paying for reasonable moving and storage costs incurred by landlord. If the tenant does not recover the property within 30 days the landlord can dispose of it as needed to cover its expenses.
A landlord must follow the law closely in order to evict a tenant. A notice must say the right thing and be served in the right way if the landlord makes a mistake; a tenant may be able to get the case dismissed.
*List of Frequently-Used “Terms of Art”: (Utah Code 78B-6-801)
Unlawful detainer: unlawfully remaining in possession of property after receiving a notice to quit, served as required by this chapter, and failing to comply with that notice.
Forcible Detainer: a) Holding and keeping by force, or menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or b) unlawfully entering real property during the absence of the occupants or at night, and, after demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant.
Occupant of real property: one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property.
Tenant: any natural person and any individual, including a commercial tenant.
Willful Exclusion: preventing the tenant from entering into the premises with intent to deprive the tenant of entry.
(Utah Code 78B-6-1101):
Nuisance: (1) A nuisance is anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. A nuisance may be the subject of an action.
(2) A nuisance may include the following: (a) drug houses and drug dealing as provided in Section 78B-6-1107; (b) gambling as provided in Title 76, Chapter 10, Part 11; (c) criminal activity committed in concert with two or more persons as provided in Section 76-3-203.1;
(d) criminal activity committed for the benefit of, at the direction of, or in association with any criminal street gang as defined in Section 76-9-802; (e) criminal activity committed to gain recognition, acceptance, membership, or increased status with a criminal street gang as defined in…