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By Melissa Harvey
Updated on Jun 10, 2022
Reviewed by Melanie Reiff, Staff Editor.
According to the civil codes regarding eviction in Utah, landlords must give tenants three days' written notice before filing an eviction lawsuit. It’s illegal for a landlord to evict anyone without first going through the courts—so be vigilant to protect your rights!
The housing market in Utah is one of the highest in the nation—and rental payments keep climbing. Between skyrocketing costs and the COVID-19 pandemic, thousands of Beehive State residents are at risk of being evicted. As the housing market shows no signs of slowing, every tenant must know their state’s eviction laws.
That’s why Jerry, the insurance super app, is here for you. Designed to save you money on auto and renters insurance, Jerry is the ultimate resource and has created this guide to eviction in Utah. We’ll cover the basic timeline for the eviction process, look at the requirements for landlords and show you some helpful tips for guarding against a wrongful eviction.
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Utah eviction 101: the four ways you can be convicted
One main rule applies to every type of eviction in Utah: your landlord must provide the tenant with written notice at least three days before filing an eviction suit.
Utah evictions break down into five basic types based on cause. Your landlord can threaten to evict you for:
- Failure to pay rent: Eviction for failure to pay rent or other fees mandated in your lease requires a three-day written notice.
- Destructive behavior/criminal activity: Renters participating in illegal activity on the premises will be given three days' notice to vacate the rental property.
- No lease/end of lease: Tenants who “hold over” or stay on the property after their lease has expired will be given the notice to vacate the rental. The amount of time required on the notice will be determined by the type of tenancy.
- Subleasing a rental unit: Tenants in Utah can be convicted for not upholding their end of the lease agreement and will be given a three-day Notice to Comply, or three days to correct the behavior.
- Committing waste: Tenants who fail to maintain the rental property or cause harm to the property will be given three days' notice to move out.
Your landlord cannot legally evict you if they don’t have a legitimate reason from the list above—even if they don’t want you to keep living on the property. Please note that they can always choose not to renew your rental agreement once your term is up. The exact requirements of your landlord will depend on the terms of your lease:
- Month-to-month: if rent is paid on a month-to-month basis, your landlord must provide you with a 15-day Notice to Quit. You must be served the notice 15 calendar days before the end of your rental period, or you can stay until the end of your next rental period.
- At-will tenants: If your tenancy is “at-will,” your landlord must give you a 5-day Notice to Quit, which can only be used if there is no oral or written rental agreement. Tenants will have five calendar days to leave.
Landlords have every right to file an eviction lawsuit against you if you can't resolve the problem, repair damage, pay rent or other late fees, or work out an agreement with your landlord before your three days expires.
If your landlord wins the lawsuit, they’ll be granted an Order of Restitution, which means that you have three calendar days to pay past due rent and vacate the property.
If tenants fail to leave after three days (or sooner, depending on the court order), the landlord can call the sheriff to remove lingering tenants.
Key Takeaway In Utah, it's illegal for a landlord to evict tenants without a court case or a three-day written notice directly.
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A timeline of eviction in Utah
As a tenant, you’re entitled to three days’ notice before an eviction notice lawsuit can go to court—but how long can you anticipate the entire process to take? If you’re expecting an eviction in Utah, here’s how long the lawsuit usually takes:
|Step||How long it typically takes||What to expect|
|Written notice from landlord||3-30 days||You’ll receive a written notice of the landlord’s intent to evict you.|
|Summons and Complaint||Within three days of filing||Your landlord will serve you with a court summons after filing a lawsuit.|
|Submit an “Answer” or tenant response||2 days||You’ll have two business days to respond before the hearing.|
|Hearing||10 days after the hearing request||The court will rule on the case based on the landlord’s information and your response.|
|Eviction||Within 24 hours after the hearing||Unless you successfully file a stay of execution, which requires you to pay rent, the landlord can call a sheriff to evict you within 24 hours.|
All things considered, the eviction process in Utah can move pretty quickly—at most, you’ll have about a month after the initial trial before you find the sheriff at your doorstep. Remember that an assertive landlord can push the process along faster, so you should figure out where you stand as soon as possible after receiving the first notice.
How to resist eviction in Utah
Remember that as a tenant in Utah, you have rights. If your landlord is trying to evict you, there are ways you can fight back:
- Address the cause of the eviction. The easiest way to fight an eviction is to fix whatever issue caused your landlord to send the eviction notice in the first place. You may need to borrow money to make payments, call a contractor to repair the damage, or do what you need to do to make things right with your landlord.
- Point out a procedural mistake. Brushing up on your eviction laws can give you an upper hand when your landlord starts to threaten to evict you. If you can document them failing to follow procedure, such as turning off your utilities or replacing your locks, you can complain to the court, and you may get the case dismissed.
- Argue that the landlord failed to maintain the property. You may be able to avoid the eviction if your landlord is evicting you due to water damage, but you can show that the damage was caused by a problem they refused to fix.
- Call out discrimination, if appropriate. In Utah, it’s illegal for a landlord to evict you based on race, religion, sexual orientation, national origin, source of income, family status, or gender identity.
Any of the above reasons are viable defenses against a landlord’s eviction lawsuit or can be used to sue the landlord outright. If you win the case, you may be awarded damages and court fees—and you avoid getting kicked out of your residence.
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How to save money on Utah car and renters insurance
Failing to pay rent is one of the most prevalent reasons for eviction. In today’s economy, where rent is at an all-time high (which is especially true in Utah), it can be a challenge for many families to make payments each month.
This is why the insurance super app Jerry was created: to help you put money back in your wallet each month for the expenses you have to pay.
Regrettably, if you’re a car owner, your necessary monthly expenses include car insurance that meets Utah’s minimum standards. Luckily, in just 45 seconds, Jerry can save app users an average of $800+ a year on their payments by presenting you with competitive quotes and helping you make an easy in-app switch.
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