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.
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assisted "Lisa" who is a disabled lady on Supplemental Security Insurance (SSI); wheelchair-bound and on oxygen 24/7.  "Lisa" received a $42,000 settlement last fall, paid as a result of a death from cancer.  "Lisa" reported the settlement to the Social Security Administration (SSA) as required, but she didn’t understand the rules regarding disposing of a resource.  "Lisa" spent the majority of the money wisely, as required—she bought herself a home to live in, prepaid some expenses for a year, bought some furniture, bought a freezer, filled it with food, etc.  Unfortunately, she also gave approximately $13,000 away to various family members for one reason or another. 

 

As a result, she incurred an SSI overpayment for the months she was over the resource limit of $2,000.  Utah Legal Services was able to get the overpayment waived, but then the really bad news—SSA sanctioned her for giving away part of her resources.  She was terminated from SSI for 19 months.  Of course, she also had no money left from her settlement.  This would have been an extremely harsh blow to her, since she has no other income, is disabled, and relies on oxygen and multiple medications to sustain her life.  ULS called SSA and pointed out their provision in statute which allows an “out” for undue hardship.  Within 30 minutes, ULS received a call from SSA letting us know that "Lisa" would receive the two months’ benefits that had been withheld already, and her benefits would start again immediately.