There is always a worry when signing a lease agreement with a new tenant that you've made a bad decision.
Most of the time, that worry is unfounded, and you find yourself with a friendly, reliable, and trustworthy tenant. But occasionally, your fears are confirmed, and you find yourself with the nightmare scenario of a bad tenant you need to evict.
When that happens, you need to follow an appropriate eviction process. Here's what you need to know.
Know the Law on the Eviction Process
Before you evict a tenant, it's vital that you understand the law. There are specific protections for tenants, and if you don't abide by these, it could make it hard for you to continue with the process.
First, you can only evict a tenant on reasonable grounds, such as:
- Any violation of the lease agreement
- Non-payment of rent
- Property damage
Second, you should always give your tenant time to resolve a violation before you progress with an eviction. That means sending written notice of the breach alongside a deadline for complying. In Utah, that deadline is typically three days.
Issuing the Written Notice to Evict
Once you issue that first written notice of a violation to your tenant, you'll need to wait for that response.
In many cases, a tenant will contact you with a commitment to remedying the situation. But that doesn't always happen. Sometimes, the tenant might dispute the eviction notice.
In that case, you must have lots of evidence to back you up, such as records showing late rent payments or photographs of property damage. A comprehensive lease outlining your rules will also be a valuable asset.
After the Three Day Eviction Notice Requirements Expire
If the issue isn't remedied after that three-day period, it's time to take the next step. You could choose to give your tenant one final warning, or you could move on to the next stage-court intervention.
Here, you'll present your case in court, and the tenant will defend theirs. Here, you'll need evidence of the violation and also the support of a legal expert to represent you.
After the Court Hearing and Landlord Eviction Rights
Once the court has heard from both sides, it will be time for the judge to decide. If they rule in favor of the tenant, your eviction process is over, and the tenant can continue living in your property.
That means you may need to gather further evidence of your violation if you still feel they should leave. If the court decides in your favor, the judge can instruct law enforcement officers to remove the tenant from your property if they still refuse to go.
Protecting Your Property With an Eviction Process
While evictions may be unwelcome, they are something to prepare for. Knowing the law and having a step-by-step action plan to help you resolve the situation swiftly is key to an eviction process.
Envy Property Management is here to make your landlord journey smoother. With an expert team and a commitment to excellence for our clients, we can handle everything on your behalf - including evictions. Read more about our services in Salt Lake City, Utah, here.
