Landlord & Tenant Issues

Evictions

Eviction is defined as: To put (a tenant) out by legal process; to force out: expel.

The Utah State online court assistant program gives detailed information that answers frequently asked questions and also has outlines and links to allow landlords to initiate and eviction or tenants to respond to an eviction.

For further information please go to: Utah Courts lanlord page.

Basic Eviction Information:

  1. Eviction Notice: This notice can be purchased at almost any business supply or stationery store. The notice can be served by anyone on behalf of the landlord and may be posted on the door.
  2. Three day Summons & Complaint: This paper is issued by the District Court. It gives the defendant three (3) days to answer the complaint to the court. This paper must be served by someone not a party to the action.
  3. Writ of Restitution: This paper is issued by the District Court. It is the final step of the eviction process. This process requires fees to be paid prior to service and must be served by an officer or constable. The paper gives the officer or the constable the authority to forcefully move the defendant out and return the premises back to the plaintiff (owner), who usually changes the locks. If, at that time, the tenants are still present, the landlord may request that an officer from the civil unit assist in the removal of the tenants. If an officer assists in the removal of the tenants, a notice of eviction is placed on the property alerting the defendant that entry is a criminal offense and could bring charges of trespassing against them.

Trespassing

This question will be raised by a landlord who has gone through the legal process to have a tenant evicted. The civil process has been completed and the tenant has been removed from the premises and locked out by order of the court. This has been facilitated by an officer from the Court Services Division or a constable. Once the tenant has been removed, if they reenter the premises without permission of the landlord they are committing criminal trespass. Action to enforce the trespassing laws should be taken.

Utah Code Annotated

A person is guilty of criminal trespass if he enters or remains unlawfully on property, defined as a dwelling, and intends to cause annoyance or injury to any person or damage to any property. A violation is a class B misdemeanor. 76-60206 (2)(a)(3)(a).

A person is guilty of criminal trespass if knowingly his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by personal communication to the actor by the owner or someone with apparent authority to act for the owner; or notice is given by posting of signs reasonably likely to come to the attention of intruders. A violation is an infraction. 76-6-206 (2)(b)(3)(b).

Summit County Sheriff's Office Procedure

The Summit County Sheriff's Office will place a notice on the premises if they have executed the court order that clearly notifies the tenant of the intent to remove them from the premises if they do not vacate by the allotted time issued by the court. If the Summit County Sheriff's Office assists in the removal of the tenants, we will also post a notice on the premises clearly advising the tenant they cannot re-enter without the permission of the landlord. If they do re-enter without permission, they will be subject to criminal trespassing charges.

The landlord should call the local police jurisdiction to report any such trespassing violation by an evicted tenant.

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