Can I move forward with having the tenants evicted? My State - Utah - had a handy online form that filled out and printed all the forms for me. Nice! From reading the 3-day Notice to Pay or Vacate, it would appear that I can evict them after the third day. I was under the impression that I had to give them 30 days after the end of the 3-day notice.
I am speaking in general here because every state is a little different and I don’t know UT law. Before I answer, let me advise you to research your ability to waive notice requirements. Some states allow it and it means you don’t have to serve a notice. You can just go to court the day the tenant is late.
A typical eviction goes like this:
- Tenant is late.
- LL serves notice to pay or quit.
- Tenant doesn’t pay by the answer date.
- LL files in court.
- Judge gives LL an eviction order
- Constable/Sheriff serves the tenant and schedules the move out
- Tenant is moved to the street
A 30 day notice, technically, a Notice to Quit, tells the tenant he has 30 days to move or you will file for an eviction. It is a no fault termination and your way of taking back the unit. Sometimes judges give tenants a break because this is a no fault situation. I disagree because they stayed passed the notice period and are illegally occupying the unit.
My guess is that you can file for an eviction after the 3 day period has expired. Just make sure it’s calendar days and not 3 business days. States with short answer periods use a business day calculation.