South Jordan Eviction FAQs

Helpful Tips from Our Property Rights Attorneys

As a landlord, you have a tough job and seemingly endless responsibilities. If you have found yourself preparing to evict a tenant, you probably have a lot of questions. Our South Jordan property rights attorneys have compiled answers to some of the questions we frequently receive regarding evictions. We hope this FAQ proves useful to you as you prepare or navigate an eviction.

If you have additional questions after reading our FAQ, please do not hesitate to contact us at (801) 988-9400.

How long does an eviction take in Utah?

After the Notice to Pay or Vacate has expired, an eviction in Utah generally takes anywhere from 11 to 28 days. We guarantee that the Complaint will be filed by the first business day following engagement of our services. Otherwise, you don’t pay any attorney fees.

How much does an eviction cost in Utah?

There are essentially four fees involved in an eviction:

• First, the attorney fees.
• Second, the filing fee. The filing fee for cases with damages (like unpaid rent) for $2,000.00 and under is $75.00; for $2,001 to $10,000, it’s $185.00. For matters with damages in excess of $10,000.00, the court filing fee is $360.00.
• Third is the process server fee. This will generally run you $35.00 but you may elect to have a friend do it at no charge.
• Last is the constable or sheriff lockout fee. The constable we use charges $35.00 to post the Writ of Restitution (the order requiring the tenants to vacate) plus $75.00 to lock them out for a total of $110.00. Less than half of the evictions require a constable because most tenants move out before a constable locks them out. Most evictions cost less than $700.00 total. If you have a high volume of evictions and use the same lease for all your units, we can reduce our rate.

How much does an eviction lawyer cost?

At Carr | Woodall, we charge a flat fee of $650.00 plus another $225.00 if the tenant files an answer and a court hearing is necessary.

Does the tenant have to pay my attorney fees?

Yes, in almost every case provided you win.

How are treble damages calculated for evictions in Utah?

Treble damages are awarded in almost every case. Generally, they are simply three times the allowable damages. The most common form of damages in an eviction is past-due rent. This treble damage is calculated by taking the monthly rent and multiplying that by 12, giving you the annual rent. Divide that number by 365 to get the daily rent. Then, multiply that number by three to get the daily treble damages.

For example, let’s say rent is $1,000.00 per month. $1,000.00 X 12 = $12,000.00 per year. $12,000.00 / 365 = $32.88 per day. $32.88 X 3 = $98.64 daily treble damages. These are calculated from the first day after the Notice to Pay or Vacate expires. So, for example, if you post a Notice to Pay or Vacate on September 1, it will expire on September 4 (assuming it is a three-day notice). Starting September 5, you will be awarded $98.64 for each day the tenant remains in possession of the property. If the tenant vacates on September 20, that is 16 days. 16 X $98.64 = $1,578.24. Your total treble damages would be $1,578.24.

What do I do with the personal property left behind after my tenant vacates?

Unless it is obviously trash, you need to post a Form Notice of Intent to Dispose of Abandoned Property. The former tenant will have 15 days to make arrangements to pick up his or her stuff. You can pay a moving and storage company to clean out the space and store the personal property, and then require the tenant to pay the moving and storage expenses. We recommend that you inventory any personal property left behind with audio/visual recordings. You don’t want a former tenant to claim that you stole his brand-new 90-inch flat screen TV. Although the tenant may not get very far with a false allegation, it will be an irritating situation.