LANDLORD REPRESENTATION

James H. Deans has represented landlords in Utah for his entire legal career. He has handled over 60,000 eviction cases. His goal is to help you through the eviction process with as little hassle as possible.

STARTING AN EVICTION

Documents needed:

To file a Complaint for Eviction, we require the NOTICE that was served on the tenants (e.g. 3-day Notice to Pay Rent or Quit) and the Written LEASE AGREEMENT (unless it is an oral agreement).

Initial Deposit: $400

To file the Complaint with the Court we require an initial deposit of $400.00. This retainer covers the costs to prepare the Complaint, pay the filing fees with the Court, and pay the Process Server to serve the tenants.

Additional Attorney Fees:

An eviction action will generally cost between $400.00 to $700.00, depending on whether it is uncontested or contested. A contested eviction means that the tenant desires to having an evidentiary hearing in the Court and will cost on the higher end of the spectrum.

EVICTION PROCESS

An eviction starts with service of the proper notice on the tenants for violation of a lease agreement. Generally the notice that gets served is a 3-day Notice to Pay Rent or Quit because a tenant has failed to pay rent. If within the three-day period, the tenant does not pay the full amount owing, then on the fourth day a Complaint may be filed with the Court.

A Complaint and Summons must be served on the tenants in order to give them an opportunity to respond. If the tenants are avoiding service of process, then we will request the Court order service by mail.

As soon as service is complete. The tenants have three days to respond to the Court. If the tenants do not respond, then the Court will grant a Writ/Order of Restitution that restores possession of the property to the Landlord by default and also grant a default judgment. If the tenants respond then there will be an evidentiary hearing, and unless the parties can resolve the situation mutually, the Landlord will have to seek an Order from a District Court Judge to have the tenants removed.

An Order of Restitution is given to the Sheriff or Constable who then serves it on the tenants to have them removed.

JUDGMENTS

Unless a tenant does not respond with an Answer to the Complaint, an eviction will not result in a Judgment. To obtain a Judgment further proceedings will be required. Additional attorney fees will be required in order to obtain the judgment.

A judgment can be sought for past due rent, treble damages, and costs and attorney fees if agreed to in the lease. If there is damage to the property, then we can amend the claims to account for those damages.

Treble Damages

When a tenant continues to stay in possession of the property following a notice to pay rent or vacate, treble damages begin to accrue. These damages equal three times the daily rent. So if rent is $1,500.00 per month then the daily rent would be $50.00. 3 x $50 = $150.00 per day for being in unlawful detainer of the property. This can result in a larger than expected judgment against a tenant for unlawfully detaining a property from a Landlord.