Renters' Rights on Eviction in Utah
Getting an eviction notice can be unsettling. Whatever the reason for your eviction -- whether you have violated lease terms or your landlord's defaulting has resulted in foreclosure -- you still have rights. These rights include getting a certain amount of time to move out; being able to respond to the legal charge; or taking your own legal action.
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Property Rights
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You have the right to be granted access to your belongings in the event of an eviction in Utah; landlords cannot lock you out or take your property. Only a sheriff or constable can evict you, and then only after a court order. You do not have these rights, however, if you abandon the rental unit.
Right of Notice
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You have the right to be given notice of eviction. Your landlord should give you a notice to quit before filing an eviction case. The amount of time you're given between the notice and eviction depends on whether you have a lease. If you do not fight the eviction and move out in the time given, then the dispute is resolved.
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Right to Respond
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You have the right to file a legal response. After you have been served with the summons and complaint, you can file an answer with the court explaining why you should not be evicted and stating any claims you may have against the landlord.
If Your Landlord Defaults
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If your landlord loses the property and a bank takes it over, you may be evicted so the bank can sell the property. In accordance with the Mortgage Reform and Anti-Predatory Lending Act, which typically requires 90 days' notice, you still have the right to an eviction notice and must be allowed time to move out. If you live in rent-controlled housing or otherwise have a protected lease, you have the right to maintain that lease as long as you are abiding by the agreement. If you do not have a protected lease, which most people do not, a foreclosure wipes out the terms of the lease.
Right to Legal Action
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You have the right to hold your former landlord accountable via a lawsuit if you suffer economically because of his failure to deliver the property as provided in the lease. This can include moving expenses, the cost of looking for an apartment, the difference between your old and new rent, any application fees and other reasonable costs associated with relocating. Suing does not mean you will recover any of those costs. The judge may not agree with your claims or your former landlord may not have funds with which to pay you.
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