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Are you being evicted? Did your landlord say you must leave? If so, there are things you should know. Landlords are not above the law. In order to evict someone, they must follow the law.
Below are some of the most often asked questions about evictions.
What is an Eviction?
An eviction is a court process a landlord uses to remove a tenant renting a room, apartment, house, or mobile home.
What can the landlord evict me for?
You can be evicted for the following things:
If your rent is legally increased and you receive a 3-day or 5-day notice to pay or vacate after failing to pay the increased amount, you must pay the increase – and all late fees imposed by a written agreement – or you risk being evicted. Once the 3- or 5-calendar day period has expired, you lose the right to cure the default (by paying). The landlord can evict you.
A protective order is a legal document that is meant to protect a victim of abuse or domestic violence who is in a close relationship with the abuser. It may include orders that prevent your abuser from contacting you, abusing you, or harassing you in any way, and may order the abuser to stay away from your home and/or place of employment. It may also establish short term orders on child custody, support, and/or parent-time.
Utah law provides that a dating violence protective order may prohibit the abuser from threatening to commit or commit any form of violence or abuse against you and any named family or household member. The abuser can be ordered not to harass, telephone, contact, or otherwise communicate with you, directly or indirectly. In addition, the abuser can be ordered to stay away from your home and property, your school, or place of employment and the location of any of these, or any specified place frequented by you and any named family or household member.
A civil stalking injunction is a legal document that is meant to protect a victim of stalking. It may include orders that prevent your stalker from contacting you, harassing you in any way, and staying away from your home and/or place of employment.
Although a civil stalking injunction is a civil order, if the provisions are violated, it may be enforced by the police, because the violation is a crime.
You have specific tenant rights as a victim of domestic violence. You can get new locks or end your rental contract.
How do I get my landlord to change my locks?
Write a letter to the landlord asking them to change the locks. Keep a copy of the letter. You must also give the landlord
a copy of the police report or protective order, and
pay the cost of installing the new lock.
After receiving the letter and documents, the landlord can rekey the lock or change the entire lock.
Utah passed a law in 2017 that aims to help homeowners and apartment renters get rid of an invitee (“guest”) who won’t go when asked to leave. It allows the police or sheriff to arrest a “long-term guest” as a criminal trespasser. The guest is evicted without a court order, and has committed a class B misdemeanor.
Who is a “long-term guest”?
An individual who is not a tenant, but
If you will be away from your rental unit for a long period of time, it is a good idea to tell your landlord. If you do not tell the landlord, they may assume you moved and abandoned the unit. Anything left in the unit could then be considered abandoned as well. Getting back any personal property you left behind may be difficult.
If your landlord does not fix something that needs to be repaired, you have options. But be careful, you could end up getting evicted if you don’t follow the proper steps. Call Utah Legal Services to answer any questions about how to proceed.
Below are common questions and answers about bad housing.
This video reviews some common landlord-tenant myths. The video debunks those myths using Utah housing law.
Este video repasa algunos mitos comunes entre propietarios e inquilinos. El video desacredita esos mitos usando la ley de vivienda de Utah.
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