Essay Sample on Eviction of Tenants in Utah

To evict a tenant in Utah, the landlord shows have full knowledge as this is a legal process that is followed duly. The rights of a tenant must be respected as well as those of the landlord. A landlord can opt to evict a tenant themselves or hire legal assistance. Hiring a legal assistant is however expensive as there is an amount of money that must be paid to the firm which is offering the eviction services. Whether the landlord opts to use legal assistance or not, the most critical point is to ensure that the whole process has been in accordance with the eviction law.

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When evicting a tenant, be sure you are aware of the landlord-tenant laws. (Casserly, 2013). Make sure that you have enough knowledge about the eviction laws in Utah as they may vary from one state to another. The regulations will assist you in rolling out a plan on how a lawful eviction will be done. Always be on the safe side by involving the courts for assistance. Secondly, be able to understand your lease before evicting the tenant as this is where you will find a legal and a valid rationale for evicting your tenant.

After having the requisite knowledge and legal compliance towards an eviction, the law, therefore, requires you to issue the tenant with an eviction notice of about three to thirty days before the actual eviction day. An eviction notice is a written document from the landlord to their tenants to make them aware and give them a chance to vacate their rental premises. This notice is sent to the tenant through the mail services by certified mail delivering firms directly to the tenant. (Snyder, & Brief, 2014). After serving the notice, the eviction process commences in the court as landlords do not have the legal power to take matters into their hands and kick out the tenants by changing locks, shutting off the property and its utilities. After a successful court eviction, the actual eviction is therefore scheduled by the court and gives a day and time for the local authorities to help you to evict the tenant. The tenant is notified about the eviction schedule to prepare themselves to vacate. Attached is an example of an eviction notice.

EVICTION NOTICE

To: James Anderson

From: The Landlord

Date: 14/ 9/ 2017

Subject: Eviction Notice

This notice is now served to you under the state laws as a result of your breach of the lease agreement. This breach results from your failure to pay your rents as per the contract.

Be it known that in conformance to the lease agreement signed, dated 21/3/ 2012 and where you have the promise located at Weber, there is currently past due of 20000$. The total amount past due represents an unpaid rent from 1/ 1/ 2014 to 31/8/ 2017 plus any other charges accrued past due rent.

Therefore, you are as a result served with this notice that all the past due amounts must be cleared in full which should be followed by your vacation from the rental premise by 1/10/2017. Failure to honor the requirements as provided in this notice will lead to a forceful eviction as well as cancellation of the lease agreement.

THE LANDLORD HAVE BEEN GRANTED THE RIGHTS AND REMEDIES IN PURSUSNT TO THE LEASE AGREEMENT THAT IS DULY SIGNES AND IN ACCORDANCE WITH THE LAWS OF THE STATE

By: _____________________________________ _________________________.

(Landlord) (Date)

References

Casserly, B. D. (2013). Insuring the Effectiveness of Indiana's Landlord-Tenant Laws: The Necessity of Recognizing the Doctrine of Retaliatory Eviction in Indiana. Ind. L. Rev., 46, 1317.

Snyder, J. T., & Brief, (2014). A. Housing Authority of the County of Salt Lake v.