DIY Evictions Sound Simple—Until They’re Not
Utah landlords often start the eviction process on their own to save legal fees. They download a form, tape a notice to the door, and file paperwork with the court. Then, things start to unravel.
Tenants dispute the notice. Judges toss the case. Hearings get delayed. Rent keeps going unpaid.
Here’s the truth: Most eviction mistakes aren’t about the law—they’re about process. And in Utah, one wrong step can mean starting over from scratch.
1. Serving the Wrong Notice—or Serving It Wrong
Utah law requires specific notices for different situations:
- 3-Day Pay-or-Quit for unpaid rent
- 3-Day Comply-or-Quit for lease violations
- 5-Day Notice for nuisance or criminal behavior
- 15- or 30-Day No-Cause notices for non-renewal
Using the wrong form—or serving it improperly—can invalidate your entire case.
To serve notices the right way, see:
How to Properly Serve Landlord Notices in Utah: A Legal Guide
2. Filing Too Soon or Without Proper Documentation
If your notice doesn’t give the full legal timeframe or lacks proof of service, the court can—and often will—dismiss your case. Worse, you may end up paying the tenant’s legal fees.
Courts expect landlords to follow due process. That includes:
- Waiting the full notice period
- Keeping evidence of service (photos, mail receipts, affidavits)
- Filing the correct complaint with supporting documents
3. Mishandling Tenant Property After Eviction
Once you regain possession, you still have duties. Utah law requires landlords to inventory, store, and notify tenants about personal property left behind.
Improper disposal can expose you to claims for conversion, damages, and statutory violations.
If you’re unsure of the process, review:
Utah Personal Property Notice Requirements for Former Tenants
4. Ignoring Procedural Deadlines and Court Rules
Each court has local rules on how and when to file documents, serve the tenant, and appear for hearings. Many landlords don’t know when to request a default judgment, how to present evidence, or what’s required to obtain a writ of restitution.
Missing deadlines or filing incomplete documents won’t just frustrate your case—it might cost you the right to recover rent or damages.
5. Losing Leverage in Settlement
Even when the law is on your side, eviction cases often involve negotiation. If you’re representing yourself, tenants (or their attorneys) may see an opportunity to push for terms that favor them—or delay proceedings to buy more time.
Having legal representation improves your leverage, especially when dealing with:
- Partial payment agreements
- Move-out terms
- Lease terminations
- Stipulated judgments
Final Thoughts
DIY evictions can work in rare, clean-cut cases. But in most situations, the money you “save” up front gets lost in delays, dismissal, or procedural do-overs.
If you’re dealing with nonpayment, lease violations, or a tenant who just won’t leave, let Duckworth Legal Group handle the process from start to finish.
Call (801) 882-7444 or email info@duckworthlegalgroup.com to avoid costly mistakes and protect your rental property.