Salt Lake City, UT asked in Real Estate Law for Utah

Q: My apartment lease is up soon. What steps will be taken if I don't leave after it expires.

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
Answered
  • Spanish Fork, UT
  • Licensed in Utah

A: The answer to your question depends on your lease. Some say that after the lease ends, a new lease begins if neither party terminates the contract.

If you lease really ends, then if neither party terminates, many contracts continue on a month to month basis.

If they give you notice, and you don't leave, then they can evict you. They can't evict you if you are paying rent and they accept your money after the lease has ended. But without a contract, they only need to give you a couple weeks notice before the current month has ended to ask you to leave. Again, if you stay beyond that time, they can go to court and get an eviction order which gets enforced by police or a constable. People who refuse to leave when there is an eviction order will be personally escorted off of the premises, the locks will be changed, and their property, if it has value, will be stored for a few weeks before it is sold or thrown away.

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