Evicting a Roommate Not on the Lease in Utah: Steps & Rights

Sharing your rental in Utah with a roommate who is not on the lease can be convenient—until it isn't. If your living arrangement isn’t working out, understanding your legal options for removing a roommate not listed on your lease is essential. This article explains the legal process, required forms, and key rights under Utah law for renters dealing with this challenging situation.

Understanding Roommate Status in Utah Rentals

In Utah, your roommate’s rights and your options for eviction depend on whether your roommate is considered a tenant, subtenant, or just a guest. If your roommate is not listed on the lease, the law generally treats them as an "unauthorized occupant" or "subtenant." This means you, as the primary leaseholder, effectively act as their landlord—and are responsible for following Utah’s tenant eviction process.

Legal Steps to Evict a Roommate Not on the Lease

Evicting a roommate who isn’t on the lease involves several legal steps. Skipping these steps or resorting to "self-help" (like changing locks) can get you into legal trouble. Here’s how the process typically works in Utah:

1. Provide Written Notice to Vacate

• Form: Three-Day Notice to Quit (Form 3-Day Notice)
• Utah Courts Official Forms – Choose “Notice to Vacate/Leave”
• This notice informs your roommate they must move out within 3 days. Keep a copy and serve it in person or post it clearly in their room.
• Example: If your roommate stops paying their share of bills or violates house rules, give them the Three-Day Notice to Quit as required by Utah Code § 78B-6-802.

2. If They Don’t Leave: File for Eviction (Unlawful Detainer)

• Form: Verified Complaint for Eviction
• Utah Courts Landlord and Tenant Resources
• After the 3-day period, if your roommate stays, you must file a Verified Complaint for Eviction in Utah’s district court. This starts the legal eviction (unlawful detainer) process.

3. Attend the Court Hearing

• The roommate will be served a summons and complaint. Both parties have the right to present their case at a hearing.
• If the court rules in your favor, a writ of restitution is issued, allowing the sheriff to remove the roommate if necessary.

The Utah State Courts oversee all residential eviction proceedings.

Utah Tenant and Roommate Rights

Utah’s landlord-tenant law protects everyone’s right to due process—even if a roommate isn’t on the lease. Both landlord and tenant actions are covered by the Utah Fit Premises Act. You may not force your roommate out by turning off utilities, removing their belongings, or locking them out. Only a court order allows physical removal.

Relevant Official Forms and When to Use Them

• Three-Day Notice to Quit (Form 3-Day Notice)
  • Use this when you want to formally request your roommate move out.
  • Find the official Utah version in the Notices section at the Utah Courts Forms page.
• Verified Complaint for Eviction
  • Use this if your roommate does not leave after receiving the notice to vacate. File it at your local Utah district court.
  • Official form and instructions are at the Utah Courts Eviction Page.

Steps to Evict a Roommate Not on the Lease

Below is a summary of the eviction process for unlisted roommates:

• Give proper written notice (Three-Day Notice to Quit)
• File a Verified Complaint for Eviction if they do not move out in time
• Attend your court hearing with supporting documents
• If successful, follow court orders to have law enforcement remove the roommate

Always keep documentation and stay within Utah law to protect yourself.

FAQ: Utah Roommate Evictions

1. Can I change the locks or remove my roommate's belongings myself?
   No. Utah law prohibits "self-help" evictions. Only law enforcement may remove a roommate after a court order.
2. Does my landlord have to be involved if my roommate is not on the lease?
   Not necessarily. If you're the leaseholder, you can file the eviction as the "landlord" of your roommate, but notify your landlord of the situation to avoid lease violations.
3. What if my roommate pays rent directly to the landlord?
   If the landlord accepts rent from your roommate, they may be considered a tenant with rights. The eviction process may change, requiring your landlord’s involvement.
4. How long does the roommate eviction process take in Utah?
   The process can take as little as a week if uncontested, but complications can extend the timeline.
5. What if my roommate won't leave after an eviction order?
   You may ask the sheriff or constable, with a writ of restitution from the court, to physically remove them.

Key Takeaways for Utah Renters

• Always provide written notice before starting eviction proceedings.
• The courts—not renters—enforce eviction; avoid self-help actions.
• Use Utah’s official forms and follow legal steps for the best protection.

Need Help? Resources for Renters

• Utah State Courts – Landlord/Tenant Page (official forms, guides, and contacts)
• Utah Legal Services (free legal help for renters)
• Utah Fit Premises Act (state tenancy legislation)

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1. Utah Code Title 57, Chapter 22 – Utah Fit Premises Act
2. Utah Code § 78B-6-802 – Notice to Quit or Vacate
3. Utah State Courts: Landlord and Tenant Resources
4. Utah Courts: Official Court Forms

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