Kelly & Bramwell, P.C. talks about the finer points of eviction notices in Utah, reminding landlords not to neglect their responsibilities to tenants as they ensure their financial well-being.
[Draper, 4/13/2018] – Landlords who ignore their obligations can limit their landlord rights, according to Kelly & Bramwell, P.C. The law office reminds landlords that enforcing their rights has a significant bearing on their financial well-being. They need to do so, however, with strict adherence to landlord-tenant laws, particularly when serving eviction notices.
Strict Compliance with Utah Statutory Procedures
Kelly & Bramwell, P.C. tells its clients that strict compliance with Utah statutory procedures serves as the only way to legally evict a tenant. Failure to comply with eviction procedures may stop an attempt to remove the tenant. Noncompliance with legal procedures may prompt the court to refuse the procedure and make the landlord pay damages to the tenant.
A landlord needs to serve a tenant with the proper eviction notice, preceding an eviction. The Utah-based legal practice further notes that a landlord needs to serve the correct eviction notice in light of the circumstances of an individual tenant.
The law office tells its clients, “Should a landlord fail to serve the correct notice, a court will refuse to proceed with the eviction process and may award damages to the tenant.”
The Eviction Process
Kelly & Bramwell, P.C. stresses that if a tenant fails to comply within the allotted time for the eviction notice, a landlord may proceed with the lawsuit. Filing the lawsuit needs to be in the county of the rental property’s location.
The tenant then has three (3) business days to file an answer to the court after receiving a copy of the summons and the complaint. At the hearing, the court will allow the landlord and the tenant to present certain types of evidence.
“If the judge rules in favor of eviction, he/she will sign an Order of Restitution (the document that permits eviction),” Kelly & Bramwell, P.C. explains. Three days after the judge signs the Order of Restitution, a police officer assist a landlord in pulling out the tenant from the rental unit.
About Kelly & Bramwell, P.C.
Kelly & Bramwell, P.C.’s experienced lawyers offer superior legal services at affordable rates. The law office welcomes any opportunity to assist clients with their legal needs. The team’s lawyers represent different types of clients in various legal cases all throughout the State of Utah. Its practice areas include family law, labor and employment, civil litigation, personal injury, real estate, and more.
Kelly & Bramwell, P.C. provides free initial consultation for a candid preliminary case assessment. For further information, visit their website https://www.kellybramwell.com.