Eviction Education for Students

Any "Eviction Notice" needs to be taken seriously and handled immediately.  If presented with an eviction notice, it's time to present the facts and bring down the emotions.  Remember to always act professional.  As a tenant, you want the landlord on your side.

How to Respond to an eviction notice

FIND OUT WHY: Find out why you have received the eviction notice.  Immediately address the concern with your landlord in a professional manner.  Sometimes it can be a minor clerical error and sometimes it can be the fault of the tenant.  Finding out why you received an eviction notice can help you more quickly resolve the issue. 

PROVIDE YOUR DOCUMENTATION:  Most of the time, proper documentation is the proof needed to show which side is correct. Make sure to always acquire and keep physical copies of all documents related to your housing (such as Contracts, Payment Receipts, Monthly Statements, Special Notices, Deposits, Utilities, etc.)  Online documents are good, but sometimes documents can be altered online without both parties knowing it.

REMEMBER - ACT PROFESSIONAL

 For further information, please see "Utah State Courts: How to respond to an eviction." 

Evictions

Evictions can only occur through a court order after a landlord has sued the tenant for eviction in a Superior Court. Tenants cannot be evicted by a landlord verbally telling the tenant that they are evicted or by threatening to evict.

To recover possession of real property, a landlord must proceed according to Title 78B, Chapter 6, Pt. 8 of the Utah Code (Utah Code 78B-6-801 through 816).

Illegal Evictions

Evictions are illegal when the landlord performs certain illegal acts to try to force the tenant out. Illegal evictions are considered a retaliatory offense and the police must help tenants who are illegally being evicted. Landlords doing any of the following to try to get tenants out is illegal:

  • The landlord uses violence or threats of violence.
  • Shutting off the water, electricity, or gas to try to force you to move out.
  • Locking you out of the rental unit.
  • Moving, holding or taking your personal belongings from the premises (ex. clothing or furniture.) This is illegal even if you owe rent.

A landlord who does any of these things is breaking the law and can be taken to court. A landlord or any other person who enters an apartment or property without a court order authorizing such entry and/or holds your belongings unlawfully by force or by threat of money owed may be liable to damages to you. If you are evicted in this way, you may file a complaint with the clerk of the Landlord-Tenant Court in the county where the illegal eviction has occurred.

Mediation, Conflict and Dispute Resolution

Utah Valley University provides a free mediation service through the Ombuds located in the Office of Judicial Affairs and Dispute Resolution.

What is Mediation?
This is a tool that can be utilized to help resolve disputes that may arise between a Tenant and a Landlord. For further information on this service, please contact the Ombuds through the Student Conduct and Dispute Resolution:

 

DISCLAIMER: Please reference the "Housing Disclaimer" page.