Eviction for Non-payment

An eviction looks bad on your credit history. Future landlords may not rent to you. If a monetary judgment is entered against you, the landlord can force you to come to court every so often to ask you about your financial resources (where you work, what kind of car you have, how much money you have in the bank). If you are mailed a notice to appear in court on a “supplemental proceeding,” you must go. Otherwise, a warrant for your arrest may be issued. Much of what you have will be exempt from execution. But your wages can be garnished. And even if you have nothing that the landlord can take to satisfy the judgment, you must still appear in court when ordered.

Here are some frequently asked questions concerning evictions for non-payment:

(This information does not apply to mobile home owners)

Can I withhold rent if the landlord fails to make needed repairs?

Can the landlord evict me if he claims that I damaged something and I refuse to pay?

What kind of notice is required to start the eviction process for nonpayment?

If the landlord accepts part of the rent, does that stop an eviction?

What happens if I can’t pay or leave within 3 days?

What is “unlawful detainer?”

How does an eviction lawsuit begin?

What happens after I get the summons and complaint? What must I do?

What happens if I miss the deadline?

What happens after I file my answer?

What happens at the hearing before the judge? What is an Order of Restitution?

What are “treble damages?”

Can I get a lawyer to help me with my non-payment eviction case?

To see all the questions and answers, click here.

The information in this site is not intended as legal advice.
Back to Top of Page | Didn't find it? Use Advanced Search | Back to Step 1

. . . represented "Laura."  "Laura" had previously experienced domestic violence from her husband but had returned to the relationship. During the early part of the summer, her husband told her he was going to kill her. She didn’t feel he was serious, as he has said things like this before without acting. 

"Laura" came home from work and was about to start dinner when her husband, his sister, and another friend showed up. Her husband started yelling at her and began physically assaulting her brother. "Laura" left the house using the back door.  She got into her vehicle and left and went to a friend’s house.  About thirty minutes later, her husband showed up at the house.

He came into the friend's house without knocking and started pushing people around who were present in the home. He demanded to know where his wife was; "Laura" was hiding in the closet but managed to get out again and ran over to her mother’s house to call the police.

It was there that he finally caught up with her and beat her; he had a gun and put it to her head. He also had a knife and told her he was going to shoot her and then cut her up. The police came in time to arrest him. "Laura" was transported to Duchesne County Hospital with severe injuries.

Utah Legal Services assisted "Laura" in requesting a protective order. A protective order was then filed and granted. The FBI came in and transported the opposing party to a federal facility, where he was arraigned in federal court and is still awaiting trial.