Eviction Information for Tenants

Help paying rent

• Utah 2-1-1 has a list of programs that could help you with rent (rental assistance).
• Contact Utah 2-1-1 to see if you can get help.  

If you live in government housing or have a voucher

• Tenants in government housing have more protections.
• This includes public housing, section 8, and other government programs. 
• Contact Utah Legal Services for free help.

If you own your mobile home and live in a mobile home park

You might have extra legal protections if ALL of these are true: 

• You live in a mobile home.
• You own your mobile home. 
• You you rent space in a mobile home park. 

If all three apply to you, different rules might apply in your case. Read more in the Utah Mobile Home Park Residency Act. See our page on finding legal help to get help with your case.

If your landlord has a federally-backed loan

Federal rules may give you extra time to move or prevent your eviction from happening. These rules apply if ANY of the following are true:

• Your landlord has a loan from Fannie Mae or Freddie Mac.
• Your rental home was sold at foreclosure with a federally-backed loan.

What to do:

1. Ask your landlord if they have a loan from Fannie Mae or Freddie Mac.
2. Check yourself using these free tools:
   • Fannie Mae - call 877-542-9723.
   • Freddie Mac Loan Lookup or call 800-400-3097.
3. If your home is covered, see our page on finding legal help for guidance.

• The notice gives you a deadline to fix the problem or move out.
• If your notice gives you a chance to fix the problem it must tell you what you can do to avoid getting sued.

1 How much time?

Look at your notice type to know your deadline:

How do you count?

The day the notice is delivered 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 Calendar Days

Terry Tenant got a Three Day Notice for Nuisance on Friday:

The notice is for calendar days.

• Friday: Day 0 (The day the notice was delivered does not count)
• Saturday: Day 1
• Sunday: Day 2
• Monday: Day 3

Terry Tenant must move out before Monday to avoid getting sued. 

1 How must my landlord give me the notice?

Your landlord (or someone else) must give you the notice in one of these ways:

• Hand it to you in person.
• Mail it by certified or registered mail.
• Leave it with another responsible adult at your home AND mail you a copy.
• Post it on your door if no one is home.

1 Fix the problem in the notice

• For rent: Pay what you owe within 3 business days.
• Call 2-1-1 to find out about help with paying rent in your area.
• For lease violations: Fix the problem and tell your landlord in writing what you did.

1 Talk to your landlord

• Ask to work out a payment plan or other solution.
• Ask about mediation (a neutral person helps you both find an agreement)
  • Summit County: Contact Mountain Mediation.
  • Statewide: Contact Utah Community Action at 801-214-3109 or Utah Dispute Resolution.

1 Move out before the deadline

1. Take all your belongings.
2. Clean the property if possible.
3. Take pictures of the condition of the unit before you leave.
4. Return all keys and make sure the landlord knows you moved.
5. Ask for your security deposit.

Stay and prepare to defend yourself

• This option has risks (see Part 5)

If you do not fix the problem or move out by the deadline, your landlord can file an eviction case against you in court.

What can happen next

• Your landlord can file court papers and have them delivered to you.
• If the landlord wins in court, you might have to pay:
  • All unpaid rent.
  • Triple the amounts owed under the lease (called "treble damages").
  • Attorney fees and court costs.

Housing and credit effects

• An eviction case stays on your record permanently.
• It can make it harder to find housing in the future.
• And it can hurt your credit score.

If you cannot move out

For some people, staying is the only option. If you cannot move:

• Tell your friends and family what is happening and ask for help finding temporary housing.
• Write down and take pictures of everything about your housing situation.
• 1 Pay careful attention to any court papers you receive - missing court or ignoring papers can mean automatic eviction.

Act quickly. 

1 You only have 3 business days to respond after you receive these court papers.

Go to the Answer page for help. You will leave this page but can come back after.

You might get papers from the landlord asking for a hearing.

This is called an occupancy hearing.

It is to decide who can stay in the home while the case continues. The court will send you notice.

• When: Within 10 days after someone requests the hearing.
• 1 Important: You must attend. If not, you could be evicted immediately.
• You must share your proof before the hearing.

Before the Hearing - Share Your Proof

1 At least two days before the hearing, you must share your proof. Follow these steps.

To Do 1: Fill out these 1 forms:

• 1184EV - Occupancy Hearing Disclosures

Follow the instructions. Include with the form any proof you want to use at the hearing, and send a copy to the landlord.

• 1185EV - Certificate of Service of Occupancy Hearing Disclosures

To Do 2: 11 File the:

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

Do not file your disclosures. 

To Do 3: Send the landlord copies of all your forms and other papers. 

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

What Happens at the Hearing

Before the hearing, the landlord 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 against you she could sign an Order of Restitution (see step 3). This order tells a sheriff or constable to remove the you 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.

What is a possession bond?

• It is money or property the landlord gives to the court
• It protects you in case you win the case later
• The judge must approve the amount
• The court holds the money until the case ends

You have only 3 days to respond.

Your options: (choose ONE):

Option 1: 1 Pay everything owe (only for cases about unpaid rent)

• Pay all amounts you owe within 3 calendar days:
  • All rent due
  • Other money owed
  • Court costs

You must pay within 3 calendar days of receiving notice of the bond.
If you received notice on Friday, that is day zero. You would have until the end of the day on Monday to pay. 
If you pay everything, you can stay and the case will end

Option 2: Ask for a hearing

• You must ask within 3 business days after getting the notice
• The hearing must happen within 3 business days after you ask
• At the hearing, the judge decides if you can stay or must leave

You must file your papers within 3 business days of receiving notice of the bond. 

Use OCAP to help you prepare the forms. Create an account, log in, and choose the "Respond to a Possession Bond" interview. 

Option 3: File your own counter bond

• Your bond must meet the same requirements as the landlord's bond
• Any prepaid rent counts toward your counter bond
• You must file within 3 business days OR within 24 hours after the court sets the amount (whichever is later)

You must file your papers within 3 business days of receiving notice of the bond.

Use OCAP to help you prepare the forms. Create an account, log in, and choose the "Respond to a Possession Bond" interview. 

1 WARNING: If you do not choose one of these options, the court will order you to leave your home.

Focus on taking these essential items:

• Important documents (ID, Social Security cards, birth certificates)
• Health items (medicine, medical supplies, medical records)
• Irreplaceable personal items (photos, mementos)

Can I delay or stop the eviction?

Filing a Request for Hearing form does not stop the eviction. You have limited time to make an important decision about what to do next:

Option 1: Focus on finding a place or at least getting your stuff out

• Prioritizes getting your essential belongings
• Gives you more time to find new housing
• Helps avoid risk of forced removal by sheriff

Option 2: File legal papers

• Motion to Set Aside Judgment (asks court to undo eviction)
• Motion to Delay Enforcement (requires paying money to the court as security)
• Fill out and file both
• Not guaranteed to work
• Takes time away from moving preparations
• Court might still deny your request

Consider these factors:

• Can you afford to pay money to the court as security (post a bond)?
• Do you have a lot of stuff to move?
• How strong is your argument for setting aside the judgment?
• How much time do you have before the 3-day deadline?

If you need help thinking through your options, contact the Self-Help Center.

If you need help finding housing, contact Utah 2-1-1.

If you move out, the landlord can still ask for a money judgment against you. They only need to send notices to your last known address.

You can challenge their request for money. 

Tell the court your new address so you receive all notices or sign up for My Court Case.

This helps you challenge any money claims.

1 After eviction, you have 15 days to get your belongings. After that they are considered abandoned. 

Contact your landlord right away.

Items you can get without paying

Your landlord must give you access within 5 business days to get:

• Clothing
• Identification documents
• Financial and immigration documents
• Public service documents
• Medical information, medications, and equipment

Other belongings

Your landlord can charge reasonable moving and storage fees for anything else.

To get these items back:

• Contact the landlord about costs
• Request your belongings in writing
• Pay the required costs
• Landlord can then sell or donate these items

1 Items not retrived within 15 days are considered abandoned. The landlord can sell them or throw them away.

1 If you have pets and are not there during the eviction:

• The sheriff, constable, or landlord must notify animal control
• Animal control will take custody of your pet
• A notice will be posted about where your pet is being held

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

Utah Legal Services also has help online.

_{Utah Code 11-46-103 and 78B-6-812}

You can request a hearing if:

• You were not properly served with the Order of Restitution
• You were not given the time ordered by the court to move out
• Your property is not being stored properly
• You have problems getting your belongings back
• There are issues with the sale of your property

How to request a hearing

To Do 1: Fill out this 1 form

• 2000EV - Request for Hearing Regarding Enforcement of an Order of Restitution

To Do 2: 1 File it with the court

To Do 3: 1 Send a copy to the landlord

Next steps

The court will schedule a hearing. Be sure to attend. At the hearing you can tell the judge what is happening. 

The landlord can ask the court to make you pay:

• Past rent you owe plus rent for the rest of your lease term 
• Three times the daily rent for each day you stayed after the notice expired 
• Property damage repair costs 
• Money for other lease violations 

The landlord must prove all amounts.

They must also try to rent to someone else quickly to reduce these costs.

_{Utah Code 78B-6-811}

1 You have 7 days to tell the court you disagree with what the landlord is asking for.

To Do 1: 1 Fill out this form:

• 1113GE - Objection to Form of Order or Judgment

To Do 2: 1 File it with the court 

To Do 3: 1 Send a copy to the landlord

After you file and send your objection, the court will either:  

• Decide based on the papers, or 
• Schedule a hearing where you can explain why you disagree. If the court schedules a hearing, be sure to attend. See our page on going to court to help you prepare.

_{Utah Rule of Civil Procedure 54 and Rule 58A}

If the court orders you to pay money:

• The money judgment is separate from the eviction.
• Moving out does not remove the debt.
• A judgment can affect your credit and make it harder to find housing, especially until you pay the debt.

If cannot pay the full amount:

• You can ask the landlord about a payment plan.  
• The landlord could try to garnish your wages. You will receive garnishment papers for that.
• Call Utah 2-1-1 to find other resources that could help.

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: Fill out these 11 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 landlord both the Pretrial Disclosures and the Certificate of Service of Pretrial Disclosures

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

After you receive the landlord'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: Fill out these 11 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 landlord both the Pretrial Disclosures and the Certificate of Service of Pretrial Disclosures

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