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What residential landlords should know about Utah's eviction process

Thanks to a rebounding real estate market and a resurgent economy, there is perhaps no better time than the present for those considering an investment in residential rental property to take the plunge. Indeed, many investors have already done so, seeing their rental units occupied quickly and realizing a handsome profit.

As appealing as the idea of owing rental property can be, it's important for prospective landlords to understand that there is far more to the process than paying down the mortgage and collecting rent checks.

The reality is that the property will need to be maintained, potential tenants will need to be properly vetted and problem renters will need to be evicted.

When it comes to the eviction process, the law here in Utah dictates that the first step for any residential landlord is to serve the tenant with what is known as a notice to vacate. In the event the tenant receives this notice, fails to comply with the terms contained therein and remains in possession of the rental unit, they are considered to be in what is known as "unlawful detainer."        

As for the aforementioned service of the notice to vacate, state law dictates that it may be performed by anyone, including the landlord, and must take at least one of the following forms:

  • It can be delivered directly to the tenant
  • It can be delivered via certified or registered mail to the tenant at their address
  • It can be left with a person of suitable age and discretion if the tenant is away from the residence, but must also be delivered via certified or registered mail to the tenant at their address
  • It can be affixed in a conspicuous place on the premises if the tenant is away from their residence, and a person of suitable age and discretion cannot be found there

We'll continue this discussion in a future post, taking a closer look at some of the more common notices to vacate served by landlords.

In the meantime, if you have questions relating to the complex eviction process here in Utah, or other landlord/tenant matters, consider consulting with an experienced legal professional.

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