Landlord and Tenant Issues
These landlord/tenant issues can be more difficult due to the emotion involved. There usually is not an issue of nonpayment of rent, but a disagreement on rules, courtesies, or life style. There may also be a safety issue for other members of the family also living at the residence.
The legality involved in evicting a tenant that is a relative is the same process to evict any tenant.
See Evictions for further information.
The Utah State online court assistant program gives detailed information that answers frequently asked questions and also has outlines and links to allow landlords to initiate an eviction or tenants to respond to an eviction.
If the family member, acting as a landlord in this case, wants the relative, who is the tenant to be removed from the premises because of threats of violence and/or a fear of physical or mental abuse or harm, the landlord may be able to obtain an Ex Parte' Protective Order, giving law enforcement the authority to remove the tenant. Elements of the state statute will govern if this type of protective order is applicable.
See How to Obtain an Order for further information The landlord/family member may also get information regarding a protective order on the Utah State online court assistance program.
Please note a juvenile cannot be evicted from their parents' home. This would be dealt with as an ungovernable situation and should involve services provided to deal with juveniles such as:
Salt Lake County Youth Services Center, Phone # (801) 269-7500
Specialized Children and Youth Services of Valley Mental Health, Phone # (801) 263-7100.
Eviction is defined as: To put (a tenant) out by legal process; to force out: expel.
The Unified Police Department Manual outlines the role of an officer at a landlord/tenant dispute.
"The officer is ...limited to preventing a breach of the peace and referral of the parties to appropriate legal counsel. Officers will not take sides nor assist any party in any action such as serving notices or eviction orders. Landlords seeking service of papers will be referred to the Court Services Division.
The Utah State online court assistant program gives detailed information that answers frequently asked questions and also has outlines and links to allow landlords to initiate and eviction or tenants to respond to an eviction.
Basic Eviction Information:
1. Eviction Notice: This notice can be purchased at almost any business supply or stationery store. The notice can be served by anyone on behalf of the landlord and may be posted on the door.
2. Three day Summons & Complaint:This paper is issued by the District Court. It gives the defendant three (3) days to answer the complaint to the court. This paper must be served by someone not a party to the action.
3. Writ of Restitution: This paper is issued by the District Court. It is the final step of the eviction process. This process requires fees to be paid prior to service and must be served by an officer or constable. The paper gives the officer or the constable the authority to forcefully move the defendant out and return the premises back to the plaintiff (owner), who usually changes the locks. If, at that time, the tenants are still present, the landlord may request that an officer from the civil unit assist in the removal of the tenants. If an officer assists in the removal of the tenants, a notice of eviction is placed on the property alerting the defendant that entry is a criminal offense and could bring charges of trespassing against them.
1. Utah Apartment Association 448 East 6400 South, Suite 460, Salt Lake City, UT 84107 - Phone # (801) 487-5619 - Fax # (801) 484-8649. Hours are from 8:30am to 5:30pm.
This association has legal packets and some forms that are instructional and will assist in how to proceed with evictions. Used more by landlords. There is a fee for the legal packets. They may require membership.
2. Housing Outreach Program at the Community Action Program 764 South 200 West , Salt Lake City, UT 84101 - Phone # (801) 359-2444
This program assists in finding information about a landlord or an apartment. Used more by tenants. They do give options regarding renters rights and responsibilities, making repairs with rent, landlord questions and fair housing. They also have booklets available such as "The Utah Renters Handbook" and "The Fit Premises Ordinances."
This question will be raised by a landlord who has gone through the legal process to have a tenant evicted. The civil process has been completed and the tenant has been removed from the premises and locked out by order of the court. This has been facilitated by an officer from the Civil Process Unit of the Civil Division or a constable. Once the tenant has been removed, if they reenter the premises without permission of the landlord they are committing criminal trespass. Action to enforce the trespassing laws should be taken.
Utah Code Annotated
A person is guilty of criminal trespass if he enters or remains unlawfully on property, defined as a dwelling, and intends to cause annoyance or injury to any person or damage to any property. A violation is a class B misdemeanor. 76-60206 (2)(a)(3)(a).
A person is guilty of criminal trespass if knowingly his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by personal communication to the actor by the owner or someone with apparent authority to act for the owner; or notice is given by posting of signs reasonably likely to come to the attention of intruders. A violation is an infraction. 76-6-206 (2)(b)(3)(b).
Salt Lake County Sheriff's Office Procedure
Salt Lake County Sheriff's Office will place a notice on the premises if they have executed the court order that clearly notifies the tenant of the intent to remove them from the premises if they do not vacate by the allotted time issued by the court. If the Salt Lake County Sheriff's Office assists in the removal of the tenants, we will also post a notice on the premises clearly advising the tenant they cannot re-enter without the permission of the landlord. If they do re-enter without permission, they will be subject to criminal trespassing charges.
The landlord should call the local police jurisdiction to report any such trespassing violation by an evicted tenant.
The Civil Division of the Salt Lake County Sheriff's Office can be contacted to verify if an eviction has been executed within Salt Lake County by the Civil Process Officers. The Salt Lake County Sheriff's Office does not have records of any constables' office who may have executed any lock outs.
Civil Division: Phone #: 385.468.9758