How Long Does an Eviction Take in Utah?
After the Notice to Pay or Vacate has expired an eviction in Utah generally takes anywhere from 11 to 28 days. We guarantee that the Complaint will be filed by the first business day following engagement of our services. Otherwise, you don’t pay any attorney fees.
How Much Does an Eviction Cost in Utah?
There are basically four fees involved in an eviction. First, the attorney fees. We charge a flat fee of $250.00 plus another $150.00 if the tenant files an answer and a court hearing is necessary. Second, the filing fee. The filing fee for cases with damages (like unpaid rent) for $2,000.00 and under is $75.00, for $2,001 to $10,000 it’s $185.00. For matters with damages in excess of $10,000.00 the court filing fee is $360.00. Third, is the process server fee. This will generally run you $35.00 but yo umay elect to have a friend do it at no charge. Last is the constable or sheriff lockout fee. The constable we use charges $35.00 to post the Writ of Restitution (the order requiring the tenants to vacate) plus $75.00 to lock them out for a total of $110.00.Less than half of the evictions require a constable because most tenants move out before a constable locks them out. The bottom line, an Eviction with our firm can cost as low as $325.00 total to as much as $880.00. Most evictions cost less than $450.00 total. If you have a high volume of evictions and use the same lease for all of your units, we can reduce our rate.
Does the Tenant have to Pay my Attorney Fees?
Yes, in almost every case provided you win.
How are Treble Damages Calculated for Evictions in Utah?
Treble damages are awarded in almost every case. Generally, it is simply three times the allowable damages. The most common form of damages in an eviction is past due rent. This treble damage is calculated by taking the monthly rent and multiplying that by 12 giving you the annual rent. Divide that number by 365 to get the daily rent. Then mutliply that number by three to get the daily treble damages. For example, let’s say rent is $1,000.00 per month. $1,000.00 X 12 = $12,000.00 per year. $12,000.00 / 365 = $32.88 per day. $32.88 X 3 = $98.64 daily treble damages. These are calculated from the first day after the Notice to Pay or Vacate expires. So for example, if you post a Notice to Pay or Vacate on September 1, it will expire on September 4 (assuming it is a three-day notice). Starting September 5, you will be awarded $98.64 for each day the tenant remains in possession of the property. If the tenant vacates on Septmeber 20, that is 16 days. 16 X $98.64 = $1,578.24. Your total treble damages would be $1,578.24.
Can I Evict My Tenant if I Only Have a Verbal Lease?
Yes. Verbal lease agreements for a period that does not exceed one year are just as enforceable as a written lease agreement. The difference is that terms of the verbal lease agreement are more difficult to prove. For instance, how do you prove that rent is due on the first rather than the fifteenth of the month? What happens if your tenant testifies that he or she was not late with rent because you agreed that it would not be due until the fifteenth of the month? Generally, in these cases, the Court will look to the history of transactions between the parties. If rent was usually paid by the first, the Court will assume the agreement was that it was due on the first. The best option is: DON’T DO VERBAL LEASE AGREEMENTS.
Do I have to Hire a Process Server to Post the Notice to Pay or Vacate?
No. Utah law allows the landlord to post the notice. In most cases, landlords will post the notice before retaining our services.
What Do I Do with the Personal Propert Left Behind After my Tenant Vacates?
Unless it is obviously trash, you need to post a Form Notice of Intent to Dispose of Abandoned Property – Form Notice of Intent to Dispose of Abandoned Property – POST EVICTION. The former tenant will have 15 days to make arrangements to pick up his or her stuff. You can pay a moving and storage company to clean out the space and store the personal property and then require the tenant to pay the moving and storage expenses. TIP: You should ALWAYS inventory personal property left behind with audio/visual recordings. You don’t want a former tenant to claim that you stole his brand new 90 inch flat screen TV. Although the tenant may not get very far with a false allegation, it will be an irritating situation.
What does “no self-help” Mean?
Basically, no self help means you cannot just take matters into your own hands by doing things such as changing the locks to lock out the tenant or entering the property and removing all of the tenant’s property. You MUST follow the judicial procedures and file a matter with the Court.
Who is the Fastest Eviction Law Firm in Utah?
We like to think we are. However, in all reality any of the best eviction law firms in Utah will probably have a very similar timeline. If your evictions are consistently taking more than thirty days, you probably need to switch law firms.
Who is the Cheapest Eviction Law Firm in Utah?
As far as we know, we are. Most firms that we know of charge $400.00 or more per eviction. However, there certainly may be some firms that charge less than that. If you hear of one, give me a call and I will change this answer. Obviously if this is still on my website, nobody else has found anyone cheaper either.
How are Post-Foreclosure Evictions Different from Regular Evictions?
There are two main differences. First, the occupant gets a five-day notice to vacate in a post-foreclosure eviction rather than a three-day notice. Second, if the occupant is a bona fide tenant pursuant to the Protecting Tenants at Foreclosure Act, you cannot evict that tenant (unless you will use the property as your primary residence) for the period of the lease. However, that tenant must continue to follow the terms of the lease including payment of rent.
Have Another Question?
Give me a call. I don’t charge for quick advice over the phone and I am always happy to help.