Evictions in Utah require strict adherence to legal procedures, and even small mistakes can lead to delays, lost rent, or legal challenges. Many landlords weaken their case by serving the wrong notice, missing legal requirements, or failing to document key steps. Below are the most common eviction mistakes landlords make in Utah and how to avoid them.
1. Failing to Follow Utah Eviction Statutes
Overview
Utah law provides specific eviction procedures for different situations, including nonpayment of rent, lease violations, and illegal activity. Judges have little flexibility, and if any part of the process is incorrect, the case can be dismissed.
How to Avoid This Mistake
- Know which eviction statute applies to your case.
- Serve the correct notice based on the violation.
- Keep records of all notices and court filings in case the tenant challenges the eviction.
2. Serving Only One Notice When Multiple Apply
Overview
If a tenant has multiple violations, such as missing rent and causing a nuisance, many landlords serve only one notice, thinking it covers everything. However, serving all applicable notices strengthens the case.
How to Avoid This Mistake
- If the tenant has unpaid rent and is violating the lease, serve:
- 3-Day Notice to Pay or Quit (for unpaid rent).
- 3-Day Notice to Comply or Quit (for lease violations, such as nuisance behavior).
- This ensures the court has multiple grounds to approve the eviction instead of relying on a single claim.
Best practice: Always serve separate notices for each violation to create the strongest legal case.
3. Assuming a Judge Will Read Every Document
Overview
Many landlords submit lengthy lease agreements, emails, and complaints, expecting the judge to review everything. In reality, most judges glance at only one or two key pages.
How to Avoid This Mistake
- Prepare a one-page summary of your case, including:
- Dates of violations or nonpayment.
- Copies of notices served.
- Proof of service, such as certified mail, a process server, or a posted notice with photos.
- Ensure the case summary is clear, concise, and easy to follow so the judge immediately understands the situation.
A well-prepared one-page summary will be far more effective than a large stack of disorganized documents in eviction court.
4. Not Taking Pictures of Notices and Property Conditions
Overview
Many landlords assume a written notice is enough, but in court, photographic evidence carries far more weight than verbal claims. If a tenant denies receiving a notice, having a photo can make the difference between winning and losing the case.
How to Avoid This Mistake
- Always take a picture when posting a notice on a tenant’s door.
- Document property conditions, including:
- Damage caused by the tenant.
- Unsafe conditions.
- Violations such as unauthorized pets, illegal subletting, or excessive clutter.
- Photos serve as concrete evidence in court, making it difficult for a tenant to dispute the claim.
Best practice: Require your property manager or yourself to take photos of every posted notice and maintain a digital record.
5. Accepting Partial Rent Payments After Issuing a Pay-or-Quit Notice
Overview
Once a 3-Day Notice to Pay or Quit is served, accepting even a small portion of the rent can invalidate the notice and restart the eviction process.
How to Avoid This Mistake
- If a tenant offers partial rent, refuse it unless you are willing to delay the eviction.
- Include a lease clause stating that accepting partial payments does not waive eviction rights.
- If you accept partial rent, issue a new 3-Day Notice and restart the process.
Consulting with an attorney before accepting any payment after serving an eviction notice is recommended.
6. Not Filing the Eviction Case Immediately After Notice Expires
Overview
Many landlords wait too long after serving an eviction notice, giving tenants additional time to stay without paying rent.
How to Avoid This Mistake
- File the eviction lawsuit (Unlawful Detainer) the day after the notice expires.
- Do not delay, as every extra day means lost rent and utility costs.
- Avoid attempting a “self-help” eviction, such as changing locks or shutting off utilities, as these actions are illegal in Utah and can result in a lawsuit against the landlord.
7. Mishandling the Security Deposit After an Eviction
Overview
Even if a tenant is evicted, Utah law requires landlords to properly handle the security deposit within 30 days.
How to Avoid This Mistake
- Send an itemized deduction list if any portion of the deposit is withheld.
- Do not deduct for normal wear and tear—only actual damages qualify.
- Meet the 30-day deadline to return the deposit or provide a breakdown, as failure to do so can result in penalties.
Best practice: Document all damages with photos and receipts to justify deductions.
Final Tips for Utah Landlords
- Follow Utah eviction statutes exactly—courts do not allow shortcuts.
- Serve all applicable notices if a tenant has multiple violations.
- Make your case clear in one page, as judges will not review excessive documents.
- Require photos when posting notices and documenting violations.
- File the eviction lawsuit immediately after the notice period expires.
By avoiding these common mistakes, landlords can expedite evictions, protect rental income, and remain compliant with Utah landlord-tenant laws.
Need Help With an Eviction? Contact Duckworth Legal Group
If you need legal assistance with an eviction case in Utah, our team is ready to help.
Call us: (801) 882-7444
Email us: info@duckworthlegalgroup.com
Staying updated on recent legislation is crucial—see our breakdown of the 2025 Utah Eviction Law Changes.
Properly handling tenant property is essential—learn about Utah Personal Property Notice Requirements.