Nuisance evictions are very fact intensive. A nuisance is anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. See Utah Code Section 78B-6-1101.
Criminal activity, smoking close to other residents’ apartments, gambling, and roudiness are the most common reasons for a nuisance eviction. The challenge is that the landlord bears the burden of proving that the tenant has committed a nuisance. Your word against the tenant’s might not be enough. In fact, in most cases it is not.
You can gather evidence for a nuisance evition in many ways. Many landlords post notices on a tenant’s door each time he or she commits a nuisance or breaches part of the agreement. Keep copies of those. Additionally, keep copies of any written complaints made by other tenants. Audio and video recordings are often irrefutable evidence of a nuisance. You may also have copies of a police report showing that a crime has been committed.
If you are not sure whether or not your tenant has committed a nuisance, call and speak with one of our nuisance eviction lawyers in Utah. We will give you a frank assessment of whether or not we believe we can wevict the tenant based on the proof you have. If we believe that we have enough to evict the tenant and we are wrong, we will reimburse all of your attorney fees. So far, we have never needed to reimburse anyone’s attorney fees.