We strive to provide Utah landlords, property managers and residents with the services to manage every day issues, ranging from evictions, lease disputes to property questions. We work to ensure that your legal rights are protected. To better serve you and expedite the process, we offer the option to handle all of your evictions online. We further offer flat rate eviction fees, in effort to help you keep costs at a minimum.
FREQUENTLY ASKED QUESTIONS
Q. What information do I need to provide you to begin an eviction action?
A. Depending on whether it is a residential , commercial, or hold over tenant we would need a copy of the applicable lease or rental agreement if any. We need the names and address of the tenants, we need to know what amount of rent is outstanding, or why you are seeking an eviction. If you have served a 3-day or 5-day notice, we would need a copy.
Q. How long does it take?
A. The residential process can vary, but if the reason for the eviction is non-payment of rent, then it usually takes about two weeks. It is dependent upon how quickly the resident is served and how quickly the court processes the paperwork. We make sure that if the matter is uncontested than the time would be closer to 8 days, if the matter is contested, it is closer to the two week mark. For a commercial eviction, an uncontested eviction takes the same amount of time. If it is contested, it may take longer as there is no 10-day rule for commercial evictions.
Q. What is the cost?
A. We try to work as efficiently as we can. For most services we charge a flat billing fee. Which is $275. In addition, there is generally a filing fee (most of the time it is $75), and service fees of $35-$50. In the event it is contested, you’d add $125. Any additional services needed will be charged at our normal hourly rate. Discounts for multiple evictions are also available.
Q. What if the tenant abandons the property in the process?
A. The law allows you to repossess the property upon abandonment. Please call our office before you do so, to make sure there isn't’t an unlawful lockout.
Q. The tenants are destroying the property, what can I do?
A. Call law enforcement. If you observe that property is being destroyed, call law enforcement to make a report.
Q. What am I required to do with the security deposit if the tenant timely vacates and owes no back rent?
A. The law requires that within 30 days after defendant vacates any security deposit that is refundable should be returned. You are required to itemize any charges you make against that deposit that are allowed for in the lease.
Q. I want to go inspect the property, but the tenant says "no". Can I go in? Can I make a 'squatter' leave?
A. No. You must first give the tenant the proper 24-hour notice to inspect the property. You may need law enforcement to help if the tenant is hostile. Even with a squatter, you must file an eviction proceeding. The squatter would need a 5-day notice and then the typical eviction proceedings.
Q. What type of notice needs to be given?
- A 3-day notice to pay or quit gives the tenant the opportunity to comply with the lease or move out.
- 5-day notice is given if there is not a written lease or other type of rental agreement. This often happens if a guest refuses to leave, a new owner has purchased a home through a foreclosure or sheriff’s sale.
- 3-day Nuisance Notice simply orders the tenant to move in three days. Some common nuisances include committing a criminal act, using drugs, violence, disturbing other tenants, having too many visitors, smoking issues,
- 15-day notice can be used if a tenant is on a month to month or if a lease period is coming to an end.
A. Yes, they are responsible until the end of the lease, but a landlord has the duty to mitigate damages by attempting to relet the property at a fair price.