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:
What is an Order of Restitution? “Order of Eviction” would mean the same. This is the court order telling the tenant how much time the tenant has before the tenant can be physically removed and the locks changed. It is sometimes called a Writ of Restitution, which also means the same thing. “Restitution” means restoring possession of the premises to the landlord. If you get an Order of Restitution, call Utah Legal Services right away.
This information applies only when you received a notice that the landlord posted a possession bond and you asked the court to set a hearing in response to that notice. At your immediate occupancy hearing, the judge will determine who gets possession of your rental unit. Either the landlord gets the rental unit back or you get to stay there. In order of likelihood, here is what might happen:
How do I know if the landlord filed an eviction case against me? If your landlord filed an eviction case against you, you will be served with a Summons and Complaint. The Summons will state the amount of time you have to respond to the eviction. You MUST read the Summons to know how much time you have to file a response to the Complaint. The Complaint lists the reason why the landlord wants to evict you.
How is an eviction case started? Before a landlord can start an eviction case in court, the landlord must first give you a written notice. Even though this notice may state it is a notice of eviction, it is not a court order. This is just the first step the landlord must take before evicting you. This notice may give you time to fix the problems with your landlord or move out before the eviction case is filed in court.
How does an eviction affect me after I move? Once an eviction action is filed, it is a permanent public record. This record cannot be expunged. Landlords often do background checks when someone fills out an application to be a tenant. Some landlords will not rent to people against whom an eviction action has been filed, even when the defendant wins or the case is dropped.
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