Do I have any recourse against the property management for not being able to get all my things?
Full Question:
About a week and a half after I was served with a three day notice to pay or get out, and right after the new acting managment had filed eviction paperwork with the courts I was forced to move out with threats of distruction of my property if I didn't move right away. At first it was within 24 hours but then they gave me a few days. My question is do I have any legal recourse against the property managment for there actions? I ended up lossing property that I could not get moved in time and the court had not ordered me to move.
11/10/2007 |
Category: Landlord Tenant |
State: Utah |
#12021
Answer:
The following are Utah statutes:
78-36-6. Definitions — Notice to quit — How served.
(1) For purposes of this section:
(a) "Commercial tenant" means any tenant who may be a body politic and
corporate, partnership, association, or company.
(b) "Tenant" means any natural person and any individual other than a
commercial tenant.
(2) The notices required by Title 78, Chapter 36, Forcible Entry and
Detainer, may be served:
(a) by delivering a copy to the tenant personally or, if the tenant is
a commercial tenant, by delivering a copy to the commercial tenant's
usual place of business by leaving a copy of the notice with a person of
suitable age and discretion;
(b) by sending a copy through registered or certified mail addressed
to the tenant at his place of residence or, if the tenant is a commercial
tenant, by sending a copy through registered or certified mail addressed
to the commercial tenant's usual place of business;
(c) if he is absent from his place of residence or from his usual
place of business, by leaving a copy with a person of suitable age and
discretion at either place and mailing a copy to the tenant at the
address of his place of residence or place of business;
(d) if a person of suitable age or discretion cannot be found at the
place of residence, then by affixing a copy in a conspicuous place on the
leased property; or
(e) if an order of abatement by eviction of the nuisance is issued by
the court as provided in Section 78-38-11, when issued, the parties
present shall be on notice that the abatement by eviction order is issued
and immediately effective or as to any absent party, notice shall be
given as provided in Subsections (2)(a) through (e).
(3) Service upon a subtenant may be made in the same manner as
provided in Subsection (2).
78-36-12. Exclusion of tenant without judicial process prohibited
— Abandoned premises excepted.
It is unlawful for an owner to willfully exclude a tenant from the
tenant's premises in any manner except by judicial process, provided, an
owner or his agent shall not be prevented from removing the contents of
the leased premises under Subsection 78-36-12.6(2) and retaking the
premises and attempting to rent them at a fair rental value when the
tenant has abandoned the premises.