Last Updated : November 10, 2025 by Chris Bibey

Evicting a tenant in Utah is a legal process that must be followed carefully. Whether the tenant stopped paying rent or violated lease terms, your next steps matter.

This guide outlines each part of the process so you can act with clarity, stay compliant, and avoid unnecessary delays.

Utah Eviction Steps

Below are the key steps to legally evict a tenant in Utah.

Utah infographic

1. Serve a Written Notice to Vacate

The process begins with written notice, and the type depends on the reason for eviction:

  • Nonpayment of Rent: You must serve a 3-day notice to pay or vacate. This gives the tenant three business days to pay rent or move out.
  • Lease Violation: Serve a 3-day notice to comply or vacate. This outlines the lease violation and gives the tenant time to fix the issue or leave.
  • No Lease or End of Lease: Serve a 15-day notice to vacate for month-to-month tenants without a lease.
  • Illegal Activity: Serve a 3-day notice to vacate. No opportunity to cure is required for criminal behavior.

Make sure the notice is delivered in person, posted on the door, or sent via certified mail. Keep proof of service.

You should also verify that the notice is written clearly and includes all legally required language. A vague or incomplete notice could result in the case being dismissed in court. It’s helpful to include specific lease sections that were violated and to note the exact deadline date by which the tenant must act.

2. File an Eviction Lawsuit (Complaint)

eviction lawsuit

If the tenant does not comply, you can file an eviction case with the district court:

  • Forms: Use the Verified Complaint for Eviction and include the lease, notice, and supporting documents.
  • Filing Fee: Expect to pay around $90. Fee waivers are available if needed.
  • Court Location: File in the county where the rental property is located.

Once the complaint is filed, the court will schedule a hearing. You’ll receive a summons that needs to be served to the tenant.

Before filing, double-check that all your documents are in order and organized. Courts in Utah are strict about proper procedure, and missing or incorrect information could delay the case or force you to start over. Many landlords also choose to consult an attorney or legal aid clinic for help with this step, especially if it's their first eviction.

3. Serve the Tenant with Court Documents

You must serve the summons and complaint to the tenant:

  • Deadline: Documents must be served at least three calendar days before the hearing.
  • Who Can Serve: Use a constable, sheriff, or licensed process server.
  • Proof: File a Proof of Service form with the court immediately after service.

If personal service fails, the court may approve alternate service, such as posting or certified mail with court approval.

This step is one of the most common places where landlords make mistakes. Don’t serve the documents yourself or ask a friend — the court requires a neutral third party. Improper service can result in dismissal or delay. Once service is complete, confirm that your Proof of Service form is filled out thoroughly and submitted to the court on time.

4. Attend the Court Hearing

Both you and the tenant must appear in court:

  • Preparation: Bring all documentation, including the lease, notice, proof of service, and payment records.
  • Tenant Response: The tenant may raise defenses like improper notice, habitability issues, or payment in full.
  • Decision: If the judge rules in your favor, they will issue a judgment for possession.

Stay professional during the hearing and stick to the facts. The judge will usually make a decision on the same day.

You should arrive early, dress professionally, and be prepared to explain the situation clearly and calmly. If the tenant brings up issues like needed repairs or harassment, the judge may ask questions to determine whether the eviction is retaliatory or unfair. Keep your responses focused and supported by documents or photos.

5. Request a Writ of Restitution

After receiving a judgment for possession, you must request a Writ of Restitution:

  • Purpose: This writ gives the sheriff the legal authority to remove the tenant.
  • Timeline: The writ is typically issued within a few days of the judgment.
  • Execution: The tenant will be given three calendar days to vacate once served with the writ.

File the writ request immediately. Do not attempt to remove the tenant yourself.

If the tenant voluntarily moves out before the writ is served, you can notify the court and cancel the enforcement. Otherwise, only the sheriff can carry out the lockout. Do not change the locks, enter the unit, or interfere with the tenant’s property during this time.

6. Enforce the Eviction

If the tenant does not leave by the deadline, the sheriff will complete the eviction:

  • Lockout: The sheriff will oversee the lockout process and remove the tenant.
  • Personal Property: You must store any remaining tenant belongings for at least 15 days. You can charge reasonable storage fees.
  • Abandonment: After the holding period, you may dispose of the items if the tenant does not claim them.

Let the sheriff handle the physical removal and follow the property handling laws closely.

You must also keep an inventory of the tenant’s abandoned belongings. Photos and itemized lists are recommended in case the tenant later claims damage or loss. Document everything and follow Utah's storage and disposal rules to avoid legal exposure.

Alternatives to Eviction in Utah

Before going to court, you may want to explore other ways to resolve the issue.

Payment Plan Agreement

Offering a payment plan helps tenants catch up on rent while you keep income flowing. It should include:

  • The total amount owed
  • Due dates and installment amounts
  • Signatures from both parties

Keep a copy and follow up in writing. This can prevent turnover and avoid legal costs.

Some landlords even require tenants to sign a stipulation agreement, which says that if the tenant misses a payment, they agree in advance to vacate or accept judgment. This adds extra protection and keeps the process more streamlined if things fall through.

Cash for Keys

cash for keys advantages

You offer the tenant a lump sum to move out voluntarily by a specific date. Though it costs money upfront, this approach may save you from lost rent and court fees.

  • Put the agreement in writing
  • Set clear expectations for move-out date and unit condition
  • Walk through the property before handing over cash

This method works best with tenants who are behind but cooperative.

Even $300 to $500 may motivate someone to leave quietly and on time. It’s far less than a missed month of rent, and it helps you regain control of the unit faster.

Mediation

Utah courts and housing agencies offer landlord-tenant mediation. A neutral third party helps both sides reach an agreement, which may include payment plans, move-out terms, or other solutions.

Use mediation if the tenant wants to stay but communication has broken down. It can resolve issues quickly and show your willingness to be fair.

Mediation may be required in some counties before an eviction hearing is scheduled, so participating early can save time and demonstrate cooperation to the court.

Frequently Asked Questions

Here are seven frequently asked questions about the Utah eviction process.

Can a landlord evict a tenant in winter in Utah?

Yes, evictions can happen during the winter months. However, tenants may have utility shutoff protections under certain weather conditions.

How long does the eviction process take in Utah?

Uncontested evictions may take 2 to 3 weeks. Contested cases or appeals can take longer.

Can a tenant stop an eviction by paying rent late?

Yes, if the tenant pays the full amount owed before the hearing, the eviction may be canceled. Partial payments do not stop the case unless the landlord agrees.

Does filing an eviction show up on a tenant’s record?

Yes, an eviction filing becomes part of the public record, regardless of the outcome. This can affect future housing opportunities.

Can a landlord evict a tenant without a lease?

Yes, for month-to-month tenants, you must provide a 15-day written notice. You still need to go through the court process if they don’t leave.

Are landlords required to accept rental assistance?

Utah landlords are not required to accept rental assistance unless bound by a federal or local program.

Can I evict someone for having unauthorized occupants?

Yes. If the lease limits occupancy and the tenant violates that term, you can issue a 3-day notice and proceed with eviction.

Final Word

Evicting a tenant in Utah is a detailed process that requires proper notice, documentation, and court action. When handled carefully, it allows you to regain control of your property while staying compliant with the law.

If the hassle of managing rentals is becoming too much, this might be the right time to explore selling the property and moving on to your next investment.

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