As a landlord, evicting a tenant is never a pleasant experience. According to the Associated Press, evictions are now 50 percent higher in some cities than they were before the COVID-19 pandemic, largely due to rising rent costs.
Understanding the rental evictions process in Provo, Utah is vital for landlords and property management companies to understand.
Read on to learn more about tenant rights and the tenant eviction process so you can ensure you're doing everything by the book.
Know Utah Eviction Laws
While the small details regarding evictions vary by county, most of Utah's eviction laws are the same statewide. As a landlord, it's vital to know and understand these laws before beginning the eviction process.
There are generally three reasons why you'd need to evict a tenant: they failed to pay rent, they violated the lease, or they are conducting illegal activity on the property. Other reasons may include that the tenant has willfully caused physical damage to the property or failed to renew their lease after the term ended.
If your tenant is late on rent, you must give them an official written three-day notice to pay before you can start the eviction process. Should the tenant pay before the three-day notice expires, you cannot move forward with the eviction. However, if they fail to pay, you can continue with the tenant's eviction.
How to File Evictions
In Utah, you have two options if you need to file an eviction. First, you can file a complaint with the district court, which will serve the complaint to the tenant. This gives you four months to serve the Summons and Complaint from the date you file it in court.
The second way to file evictions is to serve the Summons and Complaint to the tenant first, then file it with the court. This gives you 10 days to file the Summons and Complaint with the court once it's served to the tenant.
Understand Tenant Rights
There are certain things a landlord cannot do when filing an eviction. Before you can force a tenant to move, you must file the Order of Restitution, even if the tenant is late on rent or the lease has expired.
Simply put, this means you cannot change the locks, remove the front door, or turn off the utilities. You also cannot prevent the tenant from entering the property or force them out of the property until the proper protocols are followed.
However, once the order is filed and the court rules in your favor, the tenant has three days to vacate the property. If the eviction is due to illegal activity being conducted on or inside your property, the tenant must move out immediately.
Get Help with Your Property Management
Understanding how to proceed with rental evictions in Provo, UT is key to ensuring that you're doing things right. By understanding the most recent laws and knowing tenant rights, you can make sure your bases are covered.
PMI Made Simple is here to help with your property management needs, so be sure to contact us today.
