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Unlawful Detainer Actions Related Questions

Has an unlawful detainer action been brought against you? Can an unlawful detainer action judgment be appealed? This action is an accelerated method for recovering possession of a leased premises. If you or someone you know has encountered such legal issues, it is important to obtain correct information. An Expert can answer your questions with detailed, accurate information. Read below where Experts have answered these questions and more.

In Utah, what is the Statute of Limitations on an unlawful detainer?

Utah Code 78B-2-209 provides that an action to recover real property held by a possessor without the owner’s consent must be brought within seven years of the possessor’s first occupation of the property.

Will filing a lis pendens after 20 days have passed, stop an unlawful detainer action from moving forward?

A lis pendens will likely not stop the unlawful detainer action. A lis pendens may stop an action that has an impact on the title to property, but an unlawful detainer does not impact the title. An unlawful detainer action merely impacts possession of the property. In any event, if a lis pendens is filed, then the individual needs to talk to the clerk of the court to determine any deadlines for filing other related documents, as each court has its own rules with regard to deadlines.

How can an individual cancel an unlawful detainer on property?

If the individual vacates the premises before the hearing, this will cause a cancellation of the unlawful detainer action. Next, the individual would simply need to bring an action in small claims court against the landlord for the damages suffered due to diminished value of your rental bargain during the term of the lease, resulting in the landlord, rather than individual being in default.

Should a court’s judgment showing that individual is the owner of record in a quiet title action be shown to the judge during the hearing?

Case Details: Bank is trying to file an unlawful detainer action against the owner of property.

Yes. The court’s judgment should be presented as evidence in the unlawful detainer action. This will be a necessary legal defense in the eviction action. The judgment should also be filed in the county recorder’s office. This will result in searches of the title to the property showing that the court found the individual to be the lawful owner.

Could an unlawful detainer action on real property be voided that was listed incorrectly as being residential?

Case Details: The property is commercial and individual has a Lease. The property was foreclosed on. Defendant has five days to respond.

It needs to be considered whether or not it is advantageous for defendant to point out the error. A residential lease survives a foreclosure sale, but a commercial lease may be terminated after foreclosure upon a 30 day notice to vacate the property.

Can a landlord file an unlawful detainer on an individual that is behind on rental payments and has been given a three-day notice?

Even if the individual has the ability to pay the past and current rent due in full, the landlord still has the right to file an unlawful detainer action. If a lawsuit is filed, the individual will also be responsible for legal fees and court costs. Due to the arrears, even if the landlord is paid in full, there is no obligation for the landlord to allow the individual to continue to occupy the property.

What form should be filed in order to put off a judgment in an unlawful detainer action because new evidence has been found?

A Motion for Reconsideration form should be filed with the court. This Motion should contain a declaration in which an explanation is given as to why evidence was not presented earlier in court. Court rules will need to be investigated in order to determine a deadline for filing such a Motion.

In an unlawful detainer action where defendant has removed all personal property from the residence and turned over keys to the residence before trial, can a judgment still be issued?

Yes. The landlord would need to withdraw the case or file a voluntary dismissal.

Can an unlawful detainer action judgment be appealed?

Yes. If an individual has an eviction judgment on credit report, it can make it extremely difficult to rent a place in the future. Therefore an appeal would be in the best interest of the individual.

As seen above, many questions may arise regarding legal issues, and a person’s rights and responsibilities. It is comforting to know that you are getting reliable, informative answers without a visit to an attorney, which can be quite costly. If you have more questions regarding unlawful detainer actions or other legal issues, Experts are available to help. Verified legal Experts are on-hand 24/7 to answer all your questions.

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