Eviction Information for Landlords

To Do 1: 1 Fill out this form:

• 1001EV - Three day notice to pay or to vacate

Whose names do you list on the notice? Include everyone you need to evict: 

Lease signers, tenants, subtenants, guests and relatives can all be defendants.
You can use "John/Jane Doe" for unknown occupants.
Get advice before naming minors (under 18).

To Do 2: 1 Make a copy and keep it for your records. You will need it later.

To Do 3: 1 Give the original (serve) to the tenant - choose ONE of these ways:

• Hand it to them directly. 
• Mail it (special delivery): send the notice in the mail but require a signature (registered or certified mail). Send it to the tenant's home.
• If the tenant is not home: you can leave the notice with another responsible adult who lives there.
  • You also must mail a copy to the tenant’s home.
• If no one is home (not the tenant or another adult): tape or post the notice on the front door. Or put it somewhere easy to see on the property where the tenant lives.

If you have multiple tenants, serve multiple copies. One for each person.

_{Utah Code 78B-6-805}

To Do 1: 1 Choose the right notice form:

• Is the lease violation something the tenant can fix? 
  • 1005EV - Three day notice to comply with lease or vacate
• Is the lease violation for subletting or assigning the contract?
  • 1020EV - Three day notice to vacate for assigning or subletting contrary to rental contract
• Is the lease violation for a serious problem that the tenant cannot fix?
  • 1035EV - Three day notice to vacate for lease violation which cannot be brought into compliance

Whose names do you list on the notice? Include everyone you need to evict: 

Lease signers, tenants, subtenants, guests and relatives can all be defendants.
You can use "John/Jane Doe" for unknown occupants.
Get advice before naming minors (under 18).  

To Do 2: 1 Make a copy and keep it for your records. You will need it later.

To Do 3: 1 Give the original (serve) to the tenant - choose ONE of these ways:

• Hand it to them directly. 
• Mail it (special delivery): send the notice in the mail but require a signature (registered or certified mail). Send it to the tenant's home.
• If the tenant is not home: you can leave the notice with another responsible adult who lives there.
  • You also must mail a copy to the tenant’s home.
• If no one is home (not the tenant or another adult): tape or post the notice on the front door. Or put it somewhere easy to see on the property where the tenant lives.

If you have multiple tenants, serve multiple copies. One for each person.

_{Utah Code 78B-6-805}

To Do 1: 1 Choose the right notice form:

• Is the tenant causing major disturbances or safety issues that are disruptive but not illegal?
  • 1015EV - Three day notice to vacate for non-criminal nuisance
• Is the tenant causing major disturbances or safety issues because they are committing crimes on the property?
  • 1010EV - Three day notice to vacate for criminal nuisance
• Did the tenant commit a criminal act on the property that is not a nuisance?
  • 1040EV - Three day notice to vacate for committing criminal act on the premises
• Is the tenant running an illegal business on the property?
  • 1030EV - Three day notice to vacate for engaging in unlawful business on or in the premises
• Is the tenant damaging or neglecting the property?
  • 1025EV - Three day notice to vacate for committing waste on premises

Whose names do you list on the notice? Include everyone you need to evict: 

Lease signers, tenants, subtenants, guests and relatives can all be defendants.
You can use "John/Jane Doe" for unknown occupants.
Get advice before naming minors (under 18).

To Do 2: 1 Make a copy and keep it for your records. You will need it later.

To Do 3: 1 Give the original (serve) to the tenant - choose ONE of these ways:

• Hand it to them directly. 
• Mail it (special delivery): send the notice in the mail but require a signature (registered or certified mail). Send it to the tenant's home.
• If the tenant is not home: you can leave the notice with another responsible adult who lives there.
  • You also must mail a copy to the tenant’s home.
• If no one is home (not the tenant or another adult): tape or post the notice on the front door. Or put it somewhere easy to see on the property where the tenant lives.

If you have multiple tenants, serve multiple copies. One for each person.

_{Utah Code 78B-6-805}

To Do 1: 1 Choose the right notice form:

• Are you ending a lease that is about to expire?
  • 1045EV - Fifteen day notice to vacate
  • 1 Give this notice at least 15 days before the rent is due
• Are you evicting someone who does not have a lease?
  • 1050EV - Five day notice to a tenant at will

Whose names do you list on the notice? Include everyone you need to evict: 

Lease signers, tenants, subtenants, guests and relatives can all be defendants.
You can use "John/Jane Doe" for unknown occupants.
Get advice before naming minors (under 18).

To Do 2: 1 Make a copy and keep it for your records. You will need it later.

To Do 3: 1 Give the original (serve) to the tenant - choose ONE of these ways:

• Hand it to them directly. 
• Mail it (special delivery): send the notice in the mail but require a signature (registered or certified mail). Send it to the tenant's home.
• If the tenant is not home: you can leave the notice with another responsible adult who lives there.
  • You also must mail a copy to the tenant’s home.
• If no one is home (not the tenant or another adult): tape or post the notice on the front door. Or put it somewhere easy to see on the property where the tenant lives.

If you have multiple tenants, serve multiple copies. One for each person.

_{Utah Code 78B-6-805}

You cannot file and serve your court papers until the notice you served has expired. 

The day you serve the notice on the tenant is day zero. Start counting from the next day.

1 Read your notice carefully! 

• Business days mean you do NOT count weekends and court holidays.
• Calendar days mean you count every single day, including weekends and holidays.

Example: How to Count 3 Business Days

Larry Landlord gave his tenant a Three Day Notice to Pay or Quit on a Friday:

• Friday: Day 0 (The day he gave the notice does not count)
• (Saturday & Sunday): Skip weekends for business days.
• Monday: Day 1
• Tuesday: Day 2
• Wednesday: Day 3

The three business days are finished at the end of Wednesday. Larry can file the court papers on Thursday.

1 Fill out the following forms:

• 1044XX - Utah District Court Cover Sheet for All Civil Actions (not Probate/Domestic Rel)

On page 1: Check the box that matches how much money you're asking for.
On page 2: Check the box for "Eviction" under the "General Civil" section.

• 1105EV - Summons (Eviction Cases)
• 1100EV - Complaint for Unlawful Detainer (Eviction)

List everyone in the complaint you listed in your notice.

Look at the notice you served on the tenant to fill out other parts of the complaint.

• 2200EV - COVID Eviction Declaration
  
• 1150EV - Notice to defendant of disclosure requirements in unlawful detainer actions

The court will charge you a filing fee. Look at your Cover Sheet for the amount. If you cannot afford the fee you can ask for a fee waiver. Fill out those forms as well.

To Do 1: Organize all of your papers in this order:

• Put the Cover Sheet on top.
• For the complaint:
  • add a copy of the lease as exhibit 1 (if you have a written lease).
  • add a copy of the notice you serve as exhibit 2. 

To Do 2: Make copies of everything you file. You will need them. 

To Do 3: 1 File your papers with the court.

After your papers are served, your next step depends on whether the tenant files an answer or not. 

You can ask for an occupancy hearing. This is a quick court meeting where the judge decides:

• Who can stay in the property while your case moves forward.
• If the case can be decided right away or needs more hearings.

The court will schedule the hearing within 10 days after you request it.

How to Request an Occupancy Hearing

To Do 1: 1 Fill out these forms:

• 1180EV - Request for Occupancy Hearing
• 1184EV - Occupancy Hearing Disclosures

Follow the instructions. Include with the form any new information (that was not in your complaint) or proof you want to use at the hearing, and send a copy to the tenant.

• 1185EV - Certificate of Service of Occupancy Hearing Disclosures

To Do 2: 11 File the:

• Request for Occupancy Hearing.
• Certificate of Service for Occupancy Hearing Disclosures with the court.

Do not file your disclosures. 

To Do 3: 1 Serve the tenant copies of all your forms. 

Choose the fastest way to get your papers to the tenant.

What Happens at the Hearing

Before the hearing, the tenant should send you copies of their disclosures. If they do not, you can ask the court to not consider their proof.

The judge will decide who can stay in the property while the case continues.

Make sure you attend and bring all your proof. 

If the judge rules in your favor or if the tenant does not come to the hearing, the judge will sign an Order of Restitution (see step 3). This order tells a sheriff or constable to remove the tenant from the rental unit. 

If all issues can be decided at this hearing, the judge will make a final decision. If more information is needed, the judge will schedule a trial within 60 days.

If the tenant does not file an Answer within the time allowed, you can ask for a default judgment. This means you win your case without a hearing.

Before filing: Make sure the tenant's time to respond has expired

Count 3 business days. Start counting the day after the tenant was served. Do not count weekends or holidays. 

Example: If the tenant was served on Friday, do not count Saturday or Sunday, but count Monday (day 1), Tuesday (day 2), and Wednesday (day 3). You can file for default on Thursday. 

To Do 1: Check if the tenant is in the military

Before asking for default, you must check if your tenant is in the military. If you already know, you can move on to To Do 2. If you are unsure, check online: 

• Go to the Servicemember Civil Relief Relief website.
• Enter your tenant's information.
• Print or save the results, you can use them for the next task.

If your tenant IS in the military: The court might delay the eviction for up to 90 days.

To Do 2: 1 Fill out these forms 

• 1352GE - Military Service Declaration(General)

• 1353GE - Military Service Order
• 1350GE - Default Certificate
• 1195EV - Ex Parte Motion for Order of Restitution
• 1200EV - Order of Restitution
• 2000EV - Request for Hearing Regarding Enforcement of an Order of Restitution

To Do 3: 1 File your forms

To Do 4: 1 Send copies of all the papers you file to the tenant

Next steps:
If the court signs your papers, they will give the Order of Eviction and the Request for Hearing to the sheriff to serve the tenant. If there is a problem, the court will tell you.

Go to Step 3: File an Order of Eviction. 

To Do 1: 1 Fill out these forms

• 1195EV - Ex Parte Motion for Order of Restitution
  
• 1200EV - Order of Restitution
• 2000EV - Request for Hearing Regarding Enforcement of an Order of Restitution

To Do 2: 1 File the forms with the court

See our page on filing procedures if you need help.

To Do 3: 1 Have the tenant served with the Order of Eviction AND the Request for Hearing form

If the court signs your papers, give them to someone else to serve them. This can only be ONE of the following:

• A sheriff or deputy sheriff.
• A police officer.
• A constable or deputy constable.
• A state investigator who can serve court papers.
• A licensed private investigator.

Important: You CANNOT serve this order yourself. It must be one of the people above.

Your server must serve the papers in ONE of these ways:

•  Hand delivery - Giving the order directly to the tenant.
• Certified mail - Sending the order through certified mail or similar service that requires a signature.
• To another person - If the tenant is not home, giving the order to another responsible adult at the tenant's home.
• Posting on door - If no one is at the tenant's home, attaching the order to their door in a visible place.

1 You cannot legally take back the property until the Order has been properly served and ONE of the following happens:

• The tenant has moved out, or
• A sheriff lawfully has removed the tenant.

_{Utah Code 78B-6-812}

If the tenant does not move out by the deadline:

• A sheriff or constable can forcibly remove the tenant.
• The tenant cannot return to the property.

Your responsibilities after the eviction

You must give the tenant reasonable access within 5 business days to retrieve:

• Clothing
• Identification and financial documents
• Immigration or employment papers
• Public service documents
• Medical information, medications, and equipment

Important: The tenant can retrieve these items without paying any storage costs.

Other personal property

For other items left behind:

• You can charge reasonable moving and storage costs.
• If not claimed within 15 calendar days, the property is considered abandoned.
• You may then sell or donate these items.
• For pets, contact local animal control and provide the tenant's contact information.

For more details, see our page on Tenant's Personal Property.

_{Utah Code 11-46-103 and 78B-6-812}

You can request a money judgment only after the tenant has been evicted AND one of these has happened:

• The tenant did not file an Answer to your complaint and you got a default against them.
• The tenant filed an Answer but did not show up at the occupancy hearing, and the court threw out their Answer.
• The tenant lost at trial.

Important: If the tenant came to the occupancy hearing and was evicted, you must go through a trial before you can ask for money. See If you need to go to trial section for more information.

You can ask the court to order the tenant to pay you for:

• Unpaid rent
• Damage to your property
• Daily rental value for each day the tenant stayed after the notice expired (up to 3 times the actual amount)
• Costs from forcible entry (up to 3 times the actual amount)
• Repairs needed because of damage to the property (up to 3 times the actual amount)
• Amounts due under the rental agreement (up to 3 times the actual amount)
• Costs from removing a nuisance (up to 3 times the actual amount)

Note: Even though the rental agreement ends with eviction, the tenant still owes rent for the remainder of the agreement. However, you must try to rent the property to someone else as soon as possible to reduce these damages.

To Do 1: 1 Fill out these forms

• 1303EV - Plaintiff's Affidavit of Damages
• 1400EV - Judgment for Plaintiff for Unlawful Detainer (Eviction)

Important: You must prove all damages and the amount of rent owed.

To Do 2: 1 File your papers with the court 
See our page on filing procedures if you need help.

To Do 3: 1 Serve the forms on the tenant
Even if the tenant did not Answer your Complaint, you must give the forms you file and any notice of any hearing about damages.

Send these to the tenant's last known address. If you have their email, you can send by email. See our page on Service of Other Papers for more information.

What happens next

After you file the forms and give copies to the tenant:

• The court will give the tenant time to respond.
• The tenant may file an objection or response.
• The court will review your request and any response from the tenant.
• The court will issue a decision about the money judgment or schedule a hearing and send you details about the hearing.

The money judgment requires the tenant to pay. If they do not, see our page on how to collect a judgment. 

_{Utah Code 78B-6-811}

Court rules require that everyone share the proof they plan to use at the trial with the other side. The forms below can help you do this.  

To Do 1: 1 Fill out these forms 

• 1300EV - Pretrial Disclosures - Eviction
• 1300.5EV - Certificate of Service of Pretrial Disclosures - Eviction  

To Do 2: 11 File your Certificate of Service of Pretrial Disclosures with the court

See our page on filing procedures if you need help.

To Do 3: 1 Serve the tenant both the Pretrial Disclosures and the Certificate of Service of Pretrial Disclosures

See our page on Service of Other Papers for more information.

At least 7 days before the trial

After you receive the tenant's disclosures, you can respond to their disclosures. If you want to object to their witnesses or evidence or something else, you must tell the court before the trial. The forms below can help you do this. 

This step is optional. If you do not have any objections or other concerns, you can skip it. 

To Do 1: 1 Fill out these forms 

• 1301EV - Designation of Deposition Witnesses and Objections - Eviction
• 1302EV - Certificate of Service of Designation of Deposition Witnesses and Objections (Eviction Trial)

To Do 2: 11 File both forms the court

See our page on filing procedures if you need help.

To Do 3: 1 Serve the tenant both the Pretrial Disclosures and the Certificate of Service of Pretrial Disclosures

See our page on Service of Other Papers if you need help.