Eviction How To From Property Management Park City Utah
This will be the first in a two part blog series regarding eviction in Park City property management. My goal is to first provide some basic information and sources for eviction proceedings in Utah property management and then some possible alternatives to eviction so landlords will have at least a general idea of the options available to them when dealing with a potentially difficult situation.
Eviction Process - Property Management Utah
If you are anything like me you will take every effort possible to avoid an eviction. This can be anything from doing a thorough background check prior to renting to working with a tenant in every way available to you. Eviction is a difficult and time consuming process both for the tenant and landlord. Non-eviction options will be covered in my next post so lets dive into the eviction
process for property management Park City Utah. The first step any landlord must take to begin an eviction is to post a "Notice to Quit". This can also be called a "Notice to Vacate" or more informally an eviction notice. The type of eviction notice and the amount of time required depends on the tenants current status and how they came to be in the property. If you have questions or are unable to answer these questions in regards to your tenant the best option is to consult an attorney familiar with Utah property management law. As always the advice given here is meant only to help you get started in the right direction and should not be considered legal advice. Always make sure you are sending the proper notice to the tenant as failure on the part of the landlord can result in the case against the tenant being dismissed in court. Once the amount of time specified in the notice to quit has elapsed the landlord must file a Summons and Complaint for an Unlawful Detainer (eviction) lawsuit with the district court. The complaint is then served on every tenant being evicted by a constable, deputy sheriff, or adult who is not a party to the eviction.
After the complaint has been served a tenant must file an "Answer" with the court within three business days. This is the tenant's opportunity to state why they should not be evicted, start a defense against the complaint and file their own claims against the landlord if they have any. If the tenant cannot file within three days they can file a motion with the court for more time, to be granted at the judge's discretion. If the tenant does not answer the landlord may ask for a default judgment and "Order of Restitution" This directs the sheriff to forcibly remove the tenants. If the tenants answer within three days the case will proceed as a civil case.
Summary
The Utah courts system and the Utah Code are all sources for the information provided in this post. You can look at the court's page on Utah landlord and tenant law by clicking here. The Utah code is also a good source for the exact wording of the law. I've found it also can function wonderfully as a sleep aid. You can find the codes applicable to eviction law here. The eviction process can be lengthy but there are a few methods for speeding things up depending on the nature of the claim. The web page maintained by the Utah courts is a great resource if you have further questions. Look forward to my next post when I explore alternatives to eviction.
If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".
