Post eviction summons payment/contact in Ogden, UT

[Ben Visser]

I'm playing the roll of property manager for a 4plex property my partner just closed on 2 weeks ago. At the time of closing 1 tenant had not paid rent and I understand this was chronic. This was also bought owner occupied, so this unit was the planned unit to occupy. I've done the 3 day notice, they didn't respond. We filed and had the summons served yesterday. Magically they are calling saying they can pay rent this weekend. -I highly doubt they have rent, plus late fees, plus costs to cover filing -We planned to issue a 30 day if they had paid with the 3 day -I also doubt that even if they paid for May, that they would have June's payment by the 1st. -they have til end of day Friday to file their answer. -I have only received vmails since yesterday with promises to pay. I have not called back. We need them out anyway. We really don't care about getting the money as much as getting them out. I know they aren't financially solvent so I'd rather them use the money to move. The question: Should I not respond and let the court do its thing? Am I obligated to receive payment after filing with the court? I am concerned about calling them back and letting them know we want them out regardless as this could lead to property damage. How would you handle this?

[William Hochstedler]

Do you have a copy of the lease?  And have you done evictions yourself before?

Depending on where this is, you could be dealing with "professional" renters.  If you are most serious about getting them out, spend the $500 and hire a flat fee attorney.  There's a good chance they show up for the hearing and you want your case to be bullet proof.  

I'm guessing you are on a deadline to occupy the property to conform to the terms of you loan.  So assume you may have to go all the way to the sheriff removing them from the property.

BTW, Utah law is now 15 day notice (not 30 day) when tenant is month to month and you are asking them to leave at the end of the monthly rent period.

But definitely turn this over and don't mess around.  You don't want to be fighting this out in court on day 80 with the owner occupancy deadline looming over you.