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A Utah eviction notice is a legal document that landlords use to inform tenants that they need to vacate the rental property as a result of the tenant's failure to pay rent, the tenant's breach of the terms of the lease, or the expiration of the lease.
This document serves two essential functions: it safeguards the legal rights of the landlord and starts the eviction procedure. It is essential to prepare a notice of eviction to give the tenants an opportunity to make amends or evacuate the premises before taking legal action.
Types of Eviction Notices in Utah
There are several types of eviction notices that landlords can use in Utah to legally remove tenants from their rental properties.
Notice to Pay Rent or Quit
Landlords can use a "3-Day Notice to Pay Rent or Quit" when a tenant has not paid their rent on time. This notice gives the tenant three business days to either pay the rent that is owed or vacate the rental property. (§ 78B-6-802(1)(c))
Non-Compliance
This type of notice is given by a landlord to a tenant who has breached a condition of the lease agreement. It gives the tenant three calendar days to cure the breach of the covenant or lease agreement or quit the premises. (§ 78B-6-802(1)(h))
Illegal Activity
Landlords can evict tenants who commit criminal acts on the rental property and refuse to leave after being served with a three-day notice to quit. (§ 78B-6-802(1)(g))
Month-to-Month
This type of eviction notice is typically used for month-to-month leases, where the landlord must give the tenant at least 15 calendar days' notice before the end of the rental period. (§ 78B-6-802(1)(b(i)))
Eviction Laws and Requirements in Utah
Laws & Requirements
Grace rent period. There is no grace period in Utah.
Notice to pay rent or quit. Tenants have three business days to pay past-due rent or leave. (§ 78B-6-802(1)(c))
Non-compliance. When violating a lease, the tenant will be served with a three-day notice to fix the breach or leave. (§ 78B-6-802(1)(h))
Illegal activity. Criminal tenants who refuse to leave after a three-day notice can be evicted by landlords. (§ 78B-6-802(1)(g))
Month-to-month. For month-to-month leases, the landlord must give the tenant at least 15 days' notice before the lease expires. (§ 78B-6-802(1)(b(i)))
When is Rent Late in Utah?
In the state of Utah, rent is considered late if it is not paid by the due date.
Grounds for Eviction in Utah
In Utah, a landlord may evict a tenant for the following reasons:
Grounds for Eviction
Non-payment of rent
Violation of lease agreement
Illegal activity
Holdover tenancy
Eviction Process in Utah
Navigating the eviction process in Utah requires the following steps:
#1. Write a Notice
The eviction process begins with the landlord providing the tenant with a written notice of eviction, which outlines the reason for eviction and the date by which the tenant must vacate the property.
#2. File the Complaint
If the tenant fails to vacate the property after receiving the eviction notice, the landlord may file a complaint with the court to initiate a lawsuit.
#3. Serve the Tenant
Once the complaint has been filed, the tenant must be served with a copy of the complaint and a summons to appear in court.
#4. Wait for the Court’s Judgment
If the tenant contests the eviction, a hearing will be scheduled where both parties can present their cases. The judge will then make a decision on whether to grant the eviction or not.
Other Eviction-Related Forms in Utah
In addition to the eviction notice, there are other forms utilized within the eviction process by the parties, such as:
Other Eviction-Related Forms
Notice to Defendant of Disclosure Requirements in Unlawful Detainer Actions. It informs the defendant of their right to request an occupancy hearing and the documents they must provide if they do so.
Request for Hearing Regarding Enforcement of an Order of Restitution. The requester, either the plaintiff or defendant or their attorneys, is requesting a hearing to explain their objection to the way the Order of Restitution is being enforced.
Order of Restitution. The order requires the defendant to vacate the premises within a specified time frame, and failure to comply may result in forcible removal by law enforcement.
Summons. It includes information about the lawsuit that has been filed, the deadline for the defendant to respond with a written Answer, the consequences of not responding, and instructions on how to find and file the Answer form.
Eviction Information for Landlords in Utah
Following the correct legal process is essential if the landlord needs to evict a tenant.
The landlord should first provide the tenant with written notice and allow time for them to respond or correct the issue. If the tenant fails to comply, the landlord can file a complaint with the court and serve the tenant with a summons. The court will then schedule a hearing and make a judgment based on the evidence presented.
Eviction Information for Tenants in Utah
In Utah, tenants have certain rights and obligations in the eviction process.
Tenants have the legal right to be given written notice of an eviction and the grounds for it, as well as the right to file a lawsuit challenging the eviction. They must also attend court sessions and reply to eviction notices in a timely manner.
How to Write an Eviction Notice in Utah
Utah Eviction Notice Checklist
Utah Eviction Notice FAQ
You can file an eviction notice when a tenant has violated the lease agreement, failed to pay rent, or conducted illegal activities at a rented property.
You need an eviction notice in Utah to provide formal notice to the tenant that they are in violation of the lease agreement and must vacate the property. Without a proper eviction notice, you may not be able to legally proceed with the eviction process.
The time it takes to evict someone depends on several factors, such as the type of eviction, the tenant's response, and the court's schedule. In general, the process can take several weeks or even months to complete.
Yes, a 3-day eviction notice is legal in Utah under certain circumstances, such as non-payment of rent, a violation of the lease agreement, or criminal activity on the property.