Notify tenant of intent to evict in Utah: Utah Eviction Notice
What we’ll cover
What is a Utah Eviction Notice or Notice to Quit?
If you own or manage residential property in Utah, you can create a Utah Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Utah Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Utah can be used for residential property within the Beehive State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use an Utah Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Utah Eviction Notice
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EVICTION NOTICE
THREE DAY NOTICE TO PAY RENT RENT OR QUIT
Tenant(s):
, Utah
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, Utah
PLEASE TAKE NOTICE that the tenancy of dated
THIS IS INTENDED AS A THREE (3) DAY NOTICE FOR FAILURE TO PAY RENT. THIS NOTICE IS IN ACCORDANCE WITH UTAH CODE, TITLE 78B, CHAPTER 6 § 802(c).
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF UTAH INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
FAIR DEBT COLLECTION PRACTICES ACT NOTICE: THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Unless you dispute the validity of this debt within THIRTY (30) days, it will be assumed by the landlord to be valid. If you notify the landlord in writing, within THIRTY (30) days that you dispute this debt or any portion thereof, the landlord will obtain and mail to you verification of this debt or a copy of a judgment against you. Upon your written request within the THIRTY (30) day period, the landlord, or the person or entity serving this notice, will provide you with the name and address of the original landlord, if different from the current landlord.
By:______________________________
| , , |
About Eviction Notices in Utah
Learn about how to notify tenant of intent to evict in Utah
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Different types and reasons for evictions in Utah
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“Utah Three-Day Notice to Pay Rent or Quit”
3 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Violation of lease or rental agreement
“Utah Notice to Comply or Quit”
3 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Termination of monthly periodic tenancy
“Utah Notice to Terminate Tenancy”
15 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Lease holdover
“Utah Notice to Quit”
5 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Waste, nuisance, or illegal activity
“Utah Notice to Quit”
3 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Sublet without permission
“Utah Notice to Quit”
3 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Unlawful business
“Utah Notice to Quit”
3 days’ notice
Utah Code, Title 78B, Chapter 6 § 802
Regardless of the type of notice you need, we can help you build it. Get started now!
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Requirements, liabilities, and tenant protection for evictions in Utah
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
A tenant is guilty of unlawful detainer if they stay in the property after not paying rent and failing to pay or move out within three days of receiving a notice to pay or leave. (Utah Code Ann. § 78B-6-802(1)(c))
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
A tenant is guilty of unlawful detainer if they stay in the property after receiving a three-day notice to quit and they:
- Assign or sublet the property against the lease terms.
- Damage the property.
- Run an illegal business on the property.
- Allow or maintain a nuisance on or near the property.
- Commit a criminal act on the property and stay in possession.
- Fail to meet any other lease condition or covenant and do not comply within three days of receiving a notice to perform or leave.
(Utah Code Ann. § 78B-6-802(1)(d)–(h))
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
Any personal property of the tenant can be removed from the premises by the sheriff and taken to a safe location, possibly handled by the landlord. The property will be returned to the tenant if they pay the reasonable costs within 15 days of removal. If the tenant does not request a hearing or demand the return of their property within 15 days, or if they fail to pay the costs, the property can be sold at a public sale or donated to charity. (Utah Code Ann. § 78B-6-816; Utah Code Ann. § 78B-6-812(3)(b))
TENANT PROTECTION REGARDING FORECLOSURES
A trustee or the plaintiff in a foreclosure action involving residential rental property must give tenants notice of a trustee's sale. This notice must be posted on the property and mailed to each occupant at least 20 days before the sale or within 20 days of filing the action. The notice should inform the tenant that they may be allowed to stay in the unit until the lease expires or until 90 days after the sale, whichever is later. (Utah Code Ann. § 78B-6-901.5)
MORE RELEVANT LAWS
Utah Code Ann. § 57-1-25; Utah Code Ann. §§ 78B6-801 through 78B-6-816; Utah Code Ann. § 78B6-901.5.
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How to write a Utah Eviction Notice
Below is a list of details you may need when preparing a Utah Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Utah, this is often called an Affidavit of Service.
Luckily, you don't need to start from scratch when making a Utah Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
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The eviction process in Utah: what happens after making an Eviction Notice?
Now that you have made your Utah Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Deliver it in person.
- Work with a process server.
- Send it by certified mail.
Please remember that "self-help" or "DIY" evictions are illegal in Utah. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer lawsuit.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Utah website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Utah Eviction Notice FAQs
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Do I need an Eviction Notice in Utah?
Generally speaking, yes, if you wish to remove a tenant from your Utah rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Utah eviction laws, reach out to a Rocket Legal Pro™.
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Do I need a lawyer if I am evicting someone in Utah?
While you can choose to make a Utah Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
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How do Utah eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Utah, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Utah - or anywhere else - to any tenant.
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How do I create a Utah Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Utah Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
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How is a Utah Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Utah Eviction Notice are present in the fully executed rental contract.
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How much might it normally cost to evict a tenant in Utah?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
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How long does it take to complete the Utah eviction process from beginning to end?
The duration of the eviction process for Utah tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Utah notice periods to get you started:
- Non-payment of rent: 3-day notice.
- Violation of terms: 3-day notice.
- No fault of the tenant(s): 15-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 1 to 4 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
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What are my next steps after I have made an Eviction Notice/Notice to Quit in Utah?
After making a Utah Eviction Notice, the next step is to serve it. You may read more about the eviction process in Utah and everything that follows here.
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What happens after the given notice period is over in Utah?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer lawsuit.
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