Being a landlord means you have a large set of responsibilities and tasks to undertake. One of which is dealing with tenant disputes and problems, that may lead to an eviction notice. Tenant screening is important and does go a long way to help you find quality tenants. However, even with all the screening and your best efforts, there can still be times when you have to prepare an eviction notice. Eviction may feel harsh, but it is the nature of the business. If someone is not able to pay on time or cannot pay consistently, it is time to remove them from the property. Here are some tips that will help you understand how to prepare an eviction notice.
Tip # 1 – Research Utah Eviction Laws
In Tooele, eviction laws are the same as the rest of the state. There are specific rules and procedures that must be followed when evicting a tenant. If landlords fail to follow the correct eviction process, the eviction may not be valid. Before you even sign a lease agreement with tenants, go over the eviction law and make sure they are in full agreement with the protocol that will be followed if they violate payment agreements.
Tip # 2 – Provide Notice of Termination with Cause
If you plan on evicting someone, you need to have cause to do so. Legal cause in Utah is defined by a tenant’s failure to pay rent or violates the rental or lease agreement. If the landlord does have the legal right to evict the tenant, they can terminate the tenancy. The tenant must receive a three-day notice. The notice needs it includes the following information:
- Notice of eviction statement
- Reason for eviction notice
- Statement of action the tenant must do to remain in the property
If the tenant fails to reply to the notice and they do not comply with the eviction notice, landlords can then file an eviction lawsuit against the tenant.
Tip # 3 – Cite the Reasons for Eviction
The reasons why an individual can be evicted vary based on what you have in your original agreement. If you find the tenant is subletting the rental unit without permission, you have a legal right to evict. Some other common reasons include the following;
- Damage to the property or property surrounding the unit
- Maintaining an illegal business in the unit
- Creating a nuisance and continued nuisance issues after warnings
- Committing criminal acts at the rental unit
What happens to landlords that want to evict a tenant without cause? This area can become tricky for landlords, but in most cases, a landlord can legally evict someone by giving them a written notice to move or they can wait until their tenancy ends.
Month-to-month evictions require a 15-day notice to move. The landlord needs to provide a written notice that informs the tenant when their residency is ending and you need them to move out of the unit by that time.
Tip # 4 – Provide the Notice
Once you know you need to evict a tenant after you have tried to reason with them, use a prepared “notice of eviction” document. You can download them online and simply fill out a few of the details before you place the notice on the door and send it via certified mail. Some things that must be included in the notice include:
- Deadline date to pay rent or move
- Include the total amount due
The notice needs to be provided three days prior to filing with the courts. Use a return receipt requested certified mail letter to use as documentation if you do end up filing in court.
Tip # 5 – File Your Eviction in Court
You will need to pay a fee to file an eviction notice in court. The clerk will schedule a court hearing date and will notify the tenant. You need to bring your certified mail receipt with you to show that you have given at least the required three days prior to filing.
Tip # 6- Show up to Court
When you are preparing for court, you need to take the time to gather certain evidence that you need to use on your behalf in court. Here are some essential documents to bring:
- Lease agreement
- Bounced check
- Records of all payments and missed payments
- Records of all communication between landlords and tenants
- Date and proof of the certified mail notice
The court will review all information and listen to both parties before making their decision.
Tip # 7 – Evicting the Tenant
If the court sides in your favor and it is time to evict the tenant, you will need to adhere to the set amount of time to allow them to leave the property voluntarily. If they fail to leave by this time, you will need to get someone from the Sheriff’s office to escort them from the premises.
Evictions can be messy and stressful. One of the issues people find is how frustrating it can be to end up paying thousands of dollars in legal fees and trying to collect on the past-due rent. Due to the nature of evictions, it is a wise idea to consider hiring a property management firm to help you deal with your tenants. If you need additional tips and help on how to prepare an eviction notice, call Keyrenter in Tooele today!