Legal Question in Real Estate Law in Utah

Re: eviction process

Good that you asked. Many landlords make a huge mistake in this situation.

You may NOT move them out, not legally anyway. The only way to legally get them involuntarily physically out of your property is with a court order, and then it can only be done by the sheriff'f office.

You need to file what is called an "unlawful detainer" suit. You will need to have a Summons, a Complaint, and a Motion to reduce the response time for the defendants to respond to the complaint to just 3 (business) days. Ordinarily defendants have 20 days to respond. Also, ask for triple damages (you are entitled to 3x rent for each day they were occupying the property after your 3-day notice ended. After you get a judgment against them you will want a Writ of Attachment against their remaining property, then a Writ of Execution to seize it. You are/will be held personally responsible for the safe-keeping of their property (if you were to destroy it or allow for its disposal outside of court procedures they could sue you for the value!). You can then sell the property and apply the proceeds to the debt after costs have been deducted. Also, with the money judgment against them you can garnish their wages, bank accounts, etc.

The Clerk of the court may be able to help you with some or all of the documents or point you in the right direction. If not, I can prepare them for you for a fee via email or you can get an attorney there to help you.