You might not want to be in this situation, but it's a common one: sometimes, a tenant overstays their welcome.
So, how do you get tenants to leave when their lease expires? First, you need to understand how long they're allowed to stay.
How long can a tenant stay after the lease expires in Utah? Read on to find out.
Lease Enforcement
You need to know about lease enforcement in Utah before evicting a tenant.
In Utah, once a lease has expired and neither the landlord nor the tenant has signed a lease renewal or rental agreement, the tenancy typically transitions into a month-to-month arrangement.
During this month-to-month tenancy, the tenant can continue to reside in the rental unit by paying rent on a monthly basis.
However, the landlord or the tenant has the right to terminate this month-to-month tenancy by providing the appropriate notice, as mandated by state law.
In the case of month-to-month tenancies in Utah, the length of notice required for terminating the tenancy varies based on the rental payment frequency.
If rent collection occurs on a monthly basis, the landlord or tenant must furnish a written notice at least 15 days before the subsequent rental due date to effectively terminate the tenancy.
However, if the tenant pays rent on a weekly basis, the notice period may be shorter. If the tenant is evicted for a reason other than the lease expiring, the notice period can be as short as 4 days.
Evicting a Tenant
When a lease agreement reaches its termination date and is not renewed or replaced by a new agreement, the tenant is expected to vacate the property.
But, if the tenant stays in the unit past when the lease expires, you may need to start eviction proceedings. It can take some time, so start the process sooner than later.
After the lease expires, and the tenant continues to occupy the property without signing a new lease or rental agreement, the landlord typically needs to provide a written notice to terminate the tenancy.
Upon receiving the termination notice, the tenant has the option to either comply with the notice and vacate the premises by the specified date or challenge the eviction in court.
If the tenant chooses not to vacate, the landlord may proceed with filing an eviction lawsuit in the appropriate Utah court.
The court process involves scheduling a hearing where both the landlord and tenant present their respective cases. If the court rules in favor of the landlord, a writ of restitution may be issued. This gives the tenant a specific amount of time to vacate the premises.
If the tenant does not leave the property after this court order, law enforcement may enforce the writ of restitution and remove the tenant from the premises.
How Long Can a Tenant Stay After the Lease Expires? Now You Know
So, how long can a tenant stay after the lease expires? It depends on the circumstances and the state.
Do you need help with resolving different tenant problems in Utah? Wolfnest has the expertise you need. Start working with us today.
