VIDEO: Eviction Aftermath – Eviction Moratorium Disaster
Published On: October 26, 2021 Posted by: Jeremy Peterson
We recently completed the lockout for an eviction of a property we have managed since April 2021. We inherited this tenant and after hitting brick walls in the court during eviction moratorium, patiently waited for the moratorium to expire. Once the moratorium expired, we moved quickly to remove this tenant from the property. Rather than filing a complaint for unpaid rent, which we knew she might attempt to pay with Utah Rent Relief, we filed a termination of tenancy in August which in effect gave this tenant 30 days to vacate or be evicted. However, due to a clerical glitch, the termination was made effective the end of September instead of August.
Meanwhile, the tenant filed for rent relief to pay the 9 months of back rent that was due. Those funds arrived and also, unnoticed by us, included rent for September. In the first week of September, we filed a complaint with the court. The tenant did not respond to the complaint and did not attend their hearing two weeks later. The judge made a default judgement in our favor.
However, when the tenant was served by the constable giving them notice of an impending lockout, the tenant had their attorney file a motion to rehear the eviction on grounds of procedural problems. Apparently, the unwitting collection of September rent clouded the situation. We offered to pay the tenant to leave the premises, which they refused. So, we went to court again the first week of October.
The tenant barely made it to this second hearing. The tenant’s attorney attempted to make an argument that the tenant should be allowed to stay. They also cited the fact that since the tenant had been shot by someone while living in the apartment that they couldn’t pay rent and needed a place to stay while they found a new place. The judge was unsatisfied with these arguments and the court gave the tenant 48 hours to vacate the premises.
We arrived at the appointed time for lockout. Here is what we found:
