End of CDC Eviction Moratorium for Nonpayment Evictions
This article provides information on what can be expected now that the CDC eviction moratorium has expired.
Q: I can’t pay the rent. What should I do?
A: Apply for assistance at www.rentrelief.utah.gov or call 2-1-1 right away. Ask friends, relatives or your church for help. Funds are still available for past-due rent and late fees as well as future rent.
Q: Have you received a pay-or-vacate notice?
A: The landlord must first give the tenant a written notice demanding the rent. It must give the
tenant a choice to either pay a stated amount or move out within three (3) business days after the day
of service. It must be on paper, not email nor text nor a voice message. The notice can be posted to the
door. The tenant only has that three-business-day period to pay or leave. A promise to pay is not
enough, even if a charity or Community Action or the Dept. of Workforce Services (DWS) states that the
tenant is eligible for help.
Q: What if the three day pay-or-vacate notice period has already passed?
A: The landlord’s next step is to file an eviction complaint in district court. The tenant must be
personally served with a Summons and Complaint (S&C). The S&C cannot be posted to the door. The
S&C must be served by an adult who is not a party to the lawsuit. If no one answers the door, the
landlord can ask the court to allow the S&C to be mailed and/or posted to the door.
Q: What if I already got a Summons and Complaint?
A: The tenant should file an Answer within three (3) business days after receiving the court papers.
If no Answer is filed within three days, the landlord can ask for a default judgment both for an amount
of money and an Order of Restitution evicting the tenant. For good reason, a default judgment can be
set aside but that takes extra time.
Q: What if I filed an Answer to the Complaint for Eviction?
A: Most likely the landlord will ask the court to schedule an “immediate occupancy” hearing within
10 (ten) days. The court will email the Notice of Hearing. If the tenant has not provided an email
address, the Notice will be mailed. (But that Notice may not arrive in time.) At the first eviction hearing,
only possession is determined, not the amount of money. If the tenant’s Answer admits owing money,
the landlord might file a “Motion for Summary Judgment” (or “Judgment on the Pleadings”) asking the
court to enter a money judgment and an Order of Restitution without holding a hearing. In that case,
the tenant has 14 calendar days to respond in writing to the Motion. Otherwise, the court will give the
landlord a money judgment and an Order of Restitution.
Q: What if an Order of Restitution has already been signed by a judge?
A: Most Orders of Restitution give a tenant three (3) more calendar days after the Order is given to
the tenant (or posted to the door) before the tenant can be locked out. During the federal moratorium
on eviction for non-payment, the landlord could get but could not enforce an Order of Restitution. If
more days have passed than stated on the Order, it is possible that the landlord will enforce the Order
immediately. If that happens the tenant will be forced to leave within a short time after the constable
comes to enforce the Order. There is no rule that says the landlord must give some warning before
enforcing an existing Order once the moratorium has ended.
If you receive an eviction notice (for any reason) or are sued for eviction or collection, please call us. We may not be able to represent you but we can give advice about your circumstances.