Whether you are faced with the prospect of losing your home as a renter or with the need to evict a tenant as a landlord, a qualified eviction lawyer can provide invaluable assistance. Knowing what is required for a valid eviction can help all parties involved. When both tenant and landlord follow the rules, results that make sense are within reach.
Serving clients in Ogden, UT, Robert E. Froerer at Froerer and Miles will explain the process from all sides and help you determine what type of resolution will work best for your case. Founded in 1959, our practice takes pride in helping clients make positive changes and build a strong foundation for a working relationship that can last a lifetime.
How Does an Eviction Work?
When a tenant signs a lease and agrees to pay rent to occupy an apartment, home, or other space, both parties are given certain rights and responsibilities. The tenant has the right to occupy the premises and the landlord has the right to receive rental payments. Both parties are obligated to abide by the terms of the lease. Any time there is a violation of one or more of the terms of the lease, the parties can take action against one another.
An eviction is the most common of these actions and is typically taken when rent goes unpaid or illegal activity is occurring on the premises. Understanding your rights as a tenant and your obligations as a landlord helps make the evictions process run more smoothly and also sheds light on what defenses to an eviction may be available.
The Evictions Process
In order to evict a tenant, the landlord must take certain steps. These include:
- Written Notice: The first step the landlord must take is to provide the tenant with written notice of the intent to evict. The notice must contain the basis for the eviction, such as lack of rental payment or allowing an unauthorized person to occupy the premises.
- Remedies: The tenant is then given three days to remedy the lease violation. Payment of rent or other remedial action for other lease violations within this three-day time period will cure the violation and avoid eviction.
- Other Violations: If the lease violation is not corrected or addressed, the tenant is given three days to vacate.
If your lease has expired and the terms call for a month-to-month rental in the absence of a new lease, you have fifteen days to vacate upon receipt of a notice.
The best way to avoid an eviction is to pay your rent on time and to abide by the other terms of the lease.
The best way to avoid an eviction is to pay your rent on time and to abide by the other terms of the lease. This necessitates that you have an understanding of what the lease requires. When in doubt it is a good idea to talk it over with an eviction lawyer.
Other ways to avoid an eviction include:
- Make an agreement with the landlord outside of the courtroom.
- Identify any areas where the landlord has breached their duties under the lease. For instance, if necessary repairs were not made, you may be authorized to withhold rental payments in order to provide repairs out of your own pocket. This will require evidence and negotiation with the landlord and should only be done after sitting down with an attorney who understands the terms of your lease, your duties and obligations, and the landlord’s rights.
It is helpful to make notes of any conversations you have with the landlord and take notice of any action such as locks being changed or terminating utility service. Landlords do have the right to evict tenants, but there are limits on what actions can be taken. Both parties need to have a clear understanding of their rights, and also of their duties. We can help.
For more information about evictions, call the office of Froerer and Miles. We can be reached in Ogden, UT at (801) 621-2690 or you may contact us online today.