Utah Eviction Notice

Types of Utah Eviction Notice Forms

In Utah, landlords can utilize several types of eviction notices based on the reason for eviction. The main types include:

3-Day Notice to Quit (Non-Payment of Rent)

• Grounds: Nonpayment of rent.
• Details: This notice can be served the day after rent is due, with no grace period. The tenant must pay all past due rent or vacate within three judicial days.

3-Day Notice to Comply or Vacate

• Grounds: Lease violations that are curable (e.g., health and safety issues, interference with neighbors).
• Details: Tenants must correct the violation or move out within three calendar days.

3-Day Notice to Vacate

• Grounds: Substantial property damage, violent threats, criminal actions, or possession/distribution of controlled substances.
• Details: No opportunity for corrective action; tenants must vacate within three calendar days.

3-Day Notice of Termination

• Grounds: Physical harm to the premises, health and safety violations, or unauthorized assignment of lease.
• Details: Tenants must vacate within three calendar days without a chance to cure.

15-Day Notice to Vacate

• Grounds: Termination of a periodic tenancy (e.g., month-to-month) or fixed-term lease.
• Details: Notice must be given at least fifteen calendar days before the termination date.

Eviction Laws & Requirements

The eviction process in Utah is governed by specific laws outlined in the Utah Code § 78B-6-801. Key requirements include:

• Grace Period for Rent Payment: 3 days (§ 78B-6-802(1)(c)).
• Notice of Non-Compliance: 3 days (§ 78B-6-802(1)(h)).
• Lease Termination for Month-to-Month Tenancy: 15 days (§ 78B-6-802(1)(b)(I)).
• Illegal Activity: 3 days (§ 78B-6-802(1)(g)).

How to Evict a Tenant in Utah

Step 1: Serve an Eviction Notice

The eviction notice must clearly state the reason for eviction and be served legally. Acceptable methods include:

• Personal delivery to the tenant.
• Mailing via registered or certified mail.
• Leaving it with a suitable person at the residence.
• Posting it in a conspicuous place on the property.

Step 2: Wait for a Response

After serving the notice, landlords must allow the tenant the specified time to respond, either by moving out or correcting the issue.

Step 3: File an Eviction Lawsuit

If the tenant does not respond, the landlord may file a lawsuit in the local District Court.

Step 4: Serve the Tenant

The complaint and related documents must be served on the tenant.

Step 5: Wait for the Tenant’s Answer

The tenant has three days to respond to the complaint.

Step 6: Attend the Court Hearing

If the tenant does not respond, the landlord can request a default judgment. If the tenant responds, a hearing will be scheduled.

Step 7: Repossess the Property

If the court rules in favor of the landlord, an Order of Restitution will be issued, allowing law enforcement to remove the tenant.

Important Considerations

It is crucial for landlords to ensure that the eviction notice complies with Utah laws to avoid delays or the potential overturning of the eviction. Additionally, landlords cannot forcibly evict tenants without going through the legal process. Proper documentation of all communications and notices served to the tenant is essential throughout the eviction process.

Statutes

• Utah Code Ann §§ 78B-6-802 – Unlawful detainer by tenant for a term less than life
• Utah Code Ann §§ 78B-6-802 – Unlawful detainer by tenant for a term less than life
• Utah Code Ann §§ 57-17-3 – Deductions from deposit – Written itemization – Time for return
• Utah Code Ann §§ 57-17-3 – Deductions from deposit – Written itemization – Time for return
• Utah Code Ann §§ 57-17-2 – Non-refundable deposit – Written notice required
• Utah Code Ann §§ 57-22-4(3) – Owner’s duties
• Utah Code Ann §§ 57-17-5 – Failure to return deposit or prepaid rent or to give required notice – Recovery of deposit, penalty, costs, and attorney fees
• Utah Code Ann §§ 7-15-2 – Notice – Form
• Utah Code Ann §§ 57-22-6 – Tenant Allowed to Withhold Rent or Repair and Deduct Rent
• Utah Code Ann §§ 78B-6-814 – Exclusion of tenant without judicial process prohibited – Abandoned premises excepted
• Utah Code Ann §§ 78B-6-815 – Abandonment
• Utah Code Ann §§ 78B-6-816(2-3) – Abandoned premises – Retaking and rerenting by owner – Liability of tenant – Personal property of tenant left on premises
• Utah Code Ann §§ 57-22-4(2) – Owner’s duties
• Utah Code Ann §§ 57-22-4 – Owner’s duties
• Utah Code Ann §§ 57-22-4(4) – Owner’s duties
• Utah Code Ann §§ 57-22-5(2)(c) – Renter’s duties – Cleanliness and sanitation – Compliance with written agreement – Destruction of property, interference with peaceful enjoyment prohibited
• Utah Code Ann §§ 57-22-5 – Renter’s duties – Cleanliness and sanitation – Compliance with written agreement – Destruction of property, interference with peaceful enjoyment prohibited
• Utah Code Ann §§ 57-22-5.1 – Crime victim’s right to new locks – Domestic violence victim’s right to terminate rental agreement – Limits an owner relating to assistance from public safety agency
• Utah Code Ann §§ 78A-8-102 – Small claims – Defined – Counsel not necessary – Removal from district court – Deferring multiple claims of one plaintiff – Supreme Court to govern procedures