how to evict in utah

first step:

File them a “3 days to quit or pay” on their door or in person.  You can do it.  Door is fine.  Take a picture.  And a copy before you drop it off.

Next:

file at the court “summons and complaint” and a copy of the 3 day, and a copy of the rental agreement, and a “military service” thing (need their birthday to look it up, if don’t have then just write “they never mentioned it, I never saw any military uniforms.”)

Have it served by the constable or a third party processor, or “a friend that isn’t a party.” and then they have to fill out the return of service and turn that back in.  non-constable may be way faster 😐

You can optionally serve the “document disclosure” thing with it as well.  Most people seem to just send in the mail “tons of stuff” to the defendant after this point–a copy of this and that and this and that.  document disclosure can go in as part of that.

If they answer in 3 days, file a “xxx for hearing” if not, file a “move to default and default paper” (two papers)  You can call to ask if they’ve filed an answer, or ask a lawyer who has access to the filed records online.

At the same time as the default papers, submit order of restitution.

You send a copy of all of these to the defendant simultaneous to submitting them.  The “copy you submit” you mail to the defendant.

Judge signs order of restitution same day or next day.

“3rd party” can post that to their door after trying to knock, or you can have the constable do it.

Appears the sheriff’s office “really prefer” that you have them serve the order of restitution.  Maybe they don’t even charge you?

Order of restitution:

Must be filed with the District Court and then served. The Utah County Sheriff’s Office requires we serve the Order of Restitution if we are asked to remove the tenant from the premises.

It’s not clear if…they even file a proof of service of it back to the court though they’re supposed to? huh?

3 days later: you can have sheriff come with you and instruct them to leave “while standing there” (might give them 10min to pack).

XXXX how?

See also this roadmap.

You can get the paperwork required from “ocap” if you don’t mind paying an extra $20

Theoretically you could keep going and do a civil suit to get the rest of the rent owed, etc…maybe?  Separate? Part of this? Anyway it’s not part of the order of restitution.

6 thoughts on “how to evict in utah”

  1. seems that “whoever you want to do the eviction” basically either has to, or wants to, be the one that serves them the order of restitution.
    Didn’t “love” the constable for that, he basically required me to pay for a locksmith to come with him. Will try the sheriff next.
    My guess/hunch is that those are your only two options but maybe some of the “pay processors” can do it too who knows.
    Constable filed the paperwork well. (fernlund) and knew what he was doing.

  2. Afterward they will still want to get their stuff. Like all of it… They don’t assume abandonment, just that it’s being stored “for them” somehow…

  3. Basically they can get their stuff if they only pay the storage fees, doesn’t matter what Roger they owe you. 15 calendar days.
    Also first 5 business days you have to provide them “reasonable access” for free to get clothing, I’d , documents, prescription drugs. I think. Probably even multiple visits if they’re going for that stuff…

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