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Asked in Saint George, UT Mar. 19, 2020 ,  1 answers Visitors: 64
My landlord asked me to move out by March20th and evicted me as well because of the covid19 situationl am out of money and work

1 Answers

Anonymous
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Posted on / Mar. 20, 2020 20:00:40

The eviction procedure is very specific. If you are in a year-long lease, you are protected by the lease until the last month in which you do not pay rent. If you fail to pay rent, then your landlord must follow this process:

1. serve you with a three-day notice to pay or vacate.
2. give you an actual opportunity to come up with the money.
3. If you refuse to leave or pay, then they will need to file a complaint to get you evicted.
4. If a complaint is filed, they will need to serve you with a copy of the complaint, and you will have three days to file an answer.
5. If you file an answer, then the Court should not enter a default judgment against you. Instead, either party can then request a hearing. Usually these hearings are held every week.
6. If you don't file an answer, then they can get an order that will be enforceable by a sheriff.
7. If you go to the hearing, you will have an opportunity to argue why you haven't committed "unlawful detainer" by failing to pay your rent. But realistically, if you haven't paid rent by the time a complaint is filed, you will lose at this hearing. Your best best is to plead with the judge and ask for a few more days to move out.
8. If your landlord does anything in the meantime (such as trying to change the locks, etc.), that is illegal. Their only recourse is to get a judge to sign off on the eviction.

So if your landlord hasn't followed this process, then you have a defense. If your landlord is beginning this process, then you have a little bit more time! But if he wins and shows that you haven't paid your rent, then he is entitled to a judgment for treble damages plus his costs and attorney fees. So there is a major financial downside. If you can move out now -- if there is any possible way to do it -- then it is probably in your best interest to leave.

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