Evictions
Eviction is defined as: To put (a tenant) out by legal process; to force out: expel.
The Salt Lake County Sheriff's Office Law Enforcement Operations Manual outlines the role of a deputy at a landlord/tenant dispute.
"The deputy is ...limited to preventing a breach of the peace and referral of the parties to appropriate legal counsel. Deputies will not take sides nor assist any party in any action such as serving notices or eviction orders. Landlords seeking service of papers will be referred to the Court Services Division.
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.
See: http://www.utcourts.gov/howto/landlord
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 a deputy sheriff or constable. The paper gives the deputy 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 a deputy from the civil unit assist in the removal of the tenants. If a deputy 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.
Other Resources:
1. Utah Apartment Association 448 East 6400 South, Suite 460, Salt Lake City, UT 84107 - Phone # (801) 487-5619 - Fax # (801) 484-8649.
Hours are from 8:30am to 5:30pm.
This association has legal packets and some forms that are instructional and will assist in how to proceed with evictions. Used more by landlords. There is a fee for the legal packets. They may require membership.
2. Housing Outreach Program at the Community Action Program
764 South 200 West , Salt Lake City, UT 84101 - Phone # (801) 359-2444
This program assists in finding information about a landlord or an apartment. Used more by tenants. They do give options regarding renters rights and responsibilities, making repairs with rent, landlord questions and fair housing. They also have booklets available such as "The Utah Renters Handbook" and "The Fit Premises Ordinances."