Civil

Landlord / Tenant Issues

The civil division receives many phone calls asking where to turn for help in issues between Tenants and Landlords.  Information concerning these issues and rights can be found on the Utah State Government website.  This is a great resource.
 
The information there is for BOTH the Tenant and Landlords.
“Online Court Assistance Program”
 
Information concerning the process required for a Landlord to Evict a tenant can be found on that website. It also explains Tenants rights to the process.  The following link will take you to this information. 

It also will refer to their “Finding Legal Help” page, which describes statewide programs offering free legal consultations. On this website, you will find the forms necessary for you to complete and take to the District Court for filing.

There are several steps to the process before the Eviction can take place.

1. Your original Notice to the tenant is served by yourself.
2. A Summons and Complaint is filed with the District Court then you bring it to the Sheriff’s office to be served.  This will have a service fee associated with it.
3. The Order of Restitution is filed with the Court and then brought to the Sheriff’s Office for service.  This will have a service fee associated with it.

The following items are needed for our office to complete the service of the Order of Restitution for you.  They may be mailed or delivered to: Box Elder Sheriff’s Office, Civil Division,  52 S 1000 W,  P.O. Box 888,  Brigham City, UT 84302.
 

1. Documents:  The original Order of Restitution and a copy of the Order, which was signed by the judge, are required to be submitted to the sheriff’s office.  You will also want a copy for your own records.
2. Cost:  A payment of $200.00 as a deposit for the services that will be required to complete the eviction Order of Restitution.  A refund will be issued for any amount not used or a bill will be sent for any costs that are accrued above the deposit amount paid.  This fee will include a lock smith to secure the building.  You can arrange with the sheriffs Civil Deputy to use your own locks or have your own locksmith there at the time of the execution of the Order if you prefer. 
3. Time Elements:  Depending upon when the Civil Division receives your documents, there is a time period that will be required by the Sheriff’s Office to prepare to complete the service, this can sometimes be a week or two.  Then there is the time element on the Order that will need to be followed.  The number of days that are stated in the Order are full days for the tenant to comply with the Order, it does not include the date of service and the date the locks are changed on the doors.  (Service cannot be made on holidays, weekends or general election days.)  The Plaintiff will be notified as this process is scheduled. 

This should help answer your questions about the eviction process.
For further assistance, you may consider contacting a Civil Attorney.
 
Thank you
The Box Elder Sheriff’s Office, Civil Division