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If I Want To Fight The Eviction What Do I Do
You have tried to work things out with your landlord but they are going forward with the eviction case. You are served with court papers for eviction–a summons and a Forcible Entry and Detainer Complaint”. The Summons tells you the court date and time. You want to fight the eviction and stay in your rental.
Contact a private lawyer or Pine Tree Legal Assistance immediately.
Usually the notice of a court date gives you only a short time to prepare . If you can find a lawyer quickly enough, provide this information to your lawyer as soon as possible:
- your eviction notice
- your lease or rental agreement
- rent receipts or other evidence of payment
- Summons and Complaint.
Eviction For Committing Waste
In Utah, a landlord can evict a tenant if they engage in waste inside or on the rental property. To do so, they must first give 3 days notice to vacate. The tenant does not have the option to fix the issue and must move out.
Examples of waste include:
- Allowing trash to pile up.
- Failing to maintain the rental property in a clean and safe manner.
If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.
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Tenants In Mobile Home Parks
If a tenant rents a mobile home, the landlord can evict the tenant from the mobile home using the procedures on this page. However, eviction of an owner-resident of a mobile home follows different procedures governed by Utah Code Title 57, Chapter 16, Mobile Home Park Residency Act. The Utah Legal Services website may provide useful information.
Forms for the landlord
- Eviction notices
Read the information in the Notice to vacate section to help choose the appropriate notice.
- Use OCAP to prepare the eviction notice
Sheriffs Escort During An Eviction
Even if the landlord wins the eviction lawsuit, the landlord cant just move you and your things out onto the sidewalk. Landlords must give the court judgment to a local law enforcement office, along with a fee. A sheriff or marshal gives you a notice that the officer will be back within a few days to escort you off the property. At that point, its best to acknowledge defeat and leave on your own steam.
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Responding To The Notice
When the tenant receives the Three-Day Notice to Quit for Nuisance, Waste, Assigning/Subletting, Unlawful Business, or Drug Violation, the tenant may:
When the tenant receives the Five-Day Notice to Quit for Unlawful Detainer, the tenant can, no later than the fifth full “judicial day” :
FYI! You can file a motion to stay instead of filing an affidavit/answer. Or you can file a motion to stay after the eviction order is entered.
For forms and more information about how to respond to a nuisance notice, click to visit Responding to an Eviction Notice.
Notices For Nuisance Waste Assigning/subletting Unlawful Business Or Drug Violation
Nevada law requires a three-day notice to the tenant that describes the alleged nuisance, waste, improper assignment/sublet, unlawful business, or illegal drug use, followed by a five-day notice instructing the tenant to leave because tenant’s possession is now unlawful. Learn about “nuisance,” “waste,” and the other bases for this notice.
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Evidence To Show For Lease Violations
If you are evicting the tenant for lease violations, for example, noise complaints, unauthorized pets, or property damages, itââ¬â¢s important to show proof from any of the following methods:
Three Day Nuisance Notice
A three-day nuisance notice does not give you a chance to remedy a problem. It simply requires that you move out within three days after being served the notice. A nuisance is something which interferes with someone else’s comfortable enjoyment of their life or property. Anything which injures health, is indecent, offensive to the senses, or interferes with someone’s free use of property can be a nuisance. There are two types of nuisance, criminal nuisance and non-criminal nuisance:
CRIMINAL NUISANCE INCLUDES ONLY THE FOLLOWING:
- Committing a felony
- Committing a criminal act affecting the health or safety of a tenant, the landlord, the landlord’s agent, or other person on the landlord’s property.
- Committing a criminal act causing damage or loss to any tenant’s property or the landlord’s property.
- Committing a drug or gang related criminal act.
- Threatening violence against any tenant or other person on the premises, or against the landlord or the landlord’s agent.
- Committing any other criminal act that directly impacts the peaceful enjoyment of the premises by any tenant or neighbor, for example, violating building or health codes.
EXAMPLES OF NON-CRIMINAL NUISANCE
NOTE: Failure to pay rent or any other money owed to a landlord is not a nuisance.NOTE: Failing to comply with the rental agreement is not a nuisance.
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Working Out An Agreement With Your Landlord
If you know you cannot move out by the time in the notice, ask the landlord if you can move out at a later date in exchange for not filing an eviction case. For example, if the notice says you have to be out by Monday or an eviction case will be filed, you can ask the landlord to give you until Friday to move. The landlord may agree to let you stay until that time and not file an eviction against you. If you agree to this,get the agreement in writing! If you stay beyond the time given, the landlord will start the eviction case and you may end up owing a lot of money in court.
The information in this site is not intended as legal advice.
Filing A Motion To Obtain Judgement And Get A Judgement For Possession
The landlord has to provide a strong argument and use solid evidence against the defendant. This could include, but is not limited to the following:
- Copy of the deed and lease
Should the tenant fail to show up to the hearing, the landlord wins by default.
Either party has 10 days to appeal the judgment, but if the eviction case was due to illegal activity and/or nuisances, they only have 3 days to file for an appeal.
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What Do I Do If My Eviction Notice Is For Another Reason
If you are being evicted because your lease is up or for some other reason, you can try to work with your landlord to stay or agree to a later date to move out. Again, make sure you get any agreement in writing and have the landlord sign it. If you need help working out an agreement with the landlord, you can try mediation. In mediation a neutral third party helps you and the landlord talk to each other to see if you can reach an agreement. The landlord does not have make an agreement with you and can refuse to do mediation. For mediation help, call Utah Community Action Program at 214-3109 or visit their website, .
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What Happens If I Have A Court Hearing
If you and the landlord do not settle the case, then the judge will hold a hearing. Ask for the hearing to be recorded.
All witnesses will be sworn in. The judge will ask the landlord to give their side of the story first. After the landlord presents their case, you will be given a chance to ask the landlord questions. You may want to ask follow-up questions to clarify his earlier statements, or to bring out information the landlord has not talked about. He may also present other witnesses. You may ask them questions, too, after they have finished telling their stories.
Remember, this is a time for you to ask questions of the landlord and the landlords witnesses. This is not the time when you testify, or tell your side of the story. You will have a chance to tell the judge your side of the story once the landlord is done presenting their case.
When it is your turn to testify, tell the judge your story as clearly and simply as you can. Think about the reasons you raised in your written answer about why you shouldn’t be evicted.
Here are some common issues that might apply in your case:
What If I Can’t Find A Lawyer To Help Me At The Eviction Hearing
If you cannot find a lawyer to represent you at the eviction hearing Pine Tree Legal Assistance has written forms to help you fight your eviction.
Along with the “Agreed Judgment” form , we have attached:
If you can’t view the forms or you’re having trouble with them, read our instructions on using interactive forms.
Here’s what to do with the forms:
Step One: Fill out the letter to the clerk.
- Fill in the date.
- Fill in the address of the court.
- Fill in the name of the case where it says “Re:” For example: Wright v. Miller.
- Sign your name, put in your address & phone number.
Step Two: Fill out the Answer, Affirmative Defenses & Request for Electronic Sound Recording.
- Fill in the names of the Plaintiff and the Defendant . Fill it in just like on the Complaint that was served on you.
- Fill out the information in the top right hand corner of the form. Fill it out just like your landlord did in the papers served on you.
- On the Answer at question #3, check the correct box .
- On the Affirmative Defenses check only the one that apply. We have included a list of some common defenses. Add any Defenses you have that are not listed. You can include any violations of the rules we have described here. See list below.
- Fill in the date, sign it, and put in your address and phone number.
Step Three:
Make two copies of both papers, one for yourself and one for the landlord.
Step Four:
Send copies of both papers to your landlord.
Step Five:
Step Six:
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How To Serve The Notice To Vacate Utah Code Section 78b
The notice to vacate must be served on the tenant as required by Section 78B-6-805. The notice to vacate may be served by any person, including the landlord:
- if the tenant is absent from the residence, by leaving it with a person of suitable age and discretion and also mailing it to the tenant at the tenants residence or
- if a person of suitable age or discretion cannot be found at the tenants residence, by affixing it in a conspicuous place on the premises.
How To Serve A Tenant
Utah law states that anyone over the age of 18 and is uninvolved with the case delivers the court order a.k.a. the Summons for the eviction hearing and the Complaint to the tenant. This is the next step in the Utah eviction process.
There are several methods available:
Personal Service: The Summons and Complaint is served to the tenant in person
Substituted Service: If the tenant is unavailable, a copy of the documents may be left to someone residing with them who is of a ââ¬Åsuitableââ¬ï¿½ age
Mailing: The server mails the documents, but must request a return receipt
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After Serving The Summons And Complaint
A tenant must file a written answer in court should they wish to dispute the claims of the eviction hearing. They have to give this answer within 3 days from the date they received the Summons.
If they are unable to give a written answer before the deadline, they can request more time, but approval of this request is not guaranteed.
If they fail to provide a written answer, then the judicial officer will issue a judgment in favor of the landlord without the need for an eviction hearing.
Family Crisis Assistance Program
The Department of Health and Human Services runs this program. It provides emergency help to low income households with children. You can get up to $250.00 for a housing emergency. You can apply this toward a security deposit or toward back rent if it will prevent the eviction.
This program will also assist with up to $150.00 to prevent utility shut-offs and will help with other crises.
You have a 30-day period to get all of the emergency help you need. After the 30 days, this program will not help you again for 12 months. Therefore, once you apply, ask for information on everything they can help with and apply for everything you need within those 30 days.
To apply: Contact your local Maine Department of Human Services Office.
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