A Utah eviction notice empowers landlords to initiate tenant eviction proceedings. This notice adheres to state law, delineating the eviction grounds and granting the tenant the legally stipulated time to address the situation or vacate the property. The landlord can file an eviction lawsuit at the local District Court if the tenant ignores the notice’s demands.
By Type
3-Day Notice to Pay Rent or Quit
Evict a tenant if they haven’t paid rent on time.
3-Day Notice to Quit for Non-Compliance
Issue three days' notice for non-compliance.
15-Day Notice Lease Termination
Give tenants 15 days’ notice to move out if they’re on a month-to-month lease.
Eviction Laws & Requirements
- Eviction Laws: Utah Code § 78B-6-801.
- Rent Payment Grace Period: 3 days (§ 78B-6-802(1)(c)).
- Notice of Non-Compliance: 3 days (§ 78B-6-802(1)(h)).
- Late or Non-Rent Payment Notice: 3 days (§ 78B-6-802(1)(c)).
- Lease Termination (Month-to-Month): 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
To begin the eviction process in Utah, you must legally “serve” the tenant’s late rent notice or lease termination notice.
The Utah eviction notice must state why you are evicting the tenant. Legal service in Utah includes delivering the eviction notice by any of the following methods as outlined in Section 78B-6-805:
- Delivering it personally to the tenant
- Mailing it via registered or certified mail
- Leaving it with a person of suitable age and discretion at the residence if the tenant is not there, followed by mailing it to the tenant
- Affixing it in an easy-to-see place on the premises if a person of suitable age or discretion can’t be found
Step 2 – Wait for a Response
Allow the tenant time to respond, whether they do so by moving out on their own or correcting the issue. Depending on the reason, they may have three or 15 days to rectify the breach.
Step 3 – File an Eviction Lawsuit With the Court
If the tenant doesn’t move out independently, the landlord must file a lawsuit with the District Court in the county where the property is located. The landlord must prepare a complaint that follows the rules of § 78B-6-807.
Step 4 – Serve the Tenant
The complaint and the following documents must be served on the tenant:
- The written rental agreement, if any
- The eviction notice that was already served
- An itemized calculation of past-due rent, damages, legal costs, and attorney fees
- Notice of required disclosures
The tenant has three days to respond to the complaint and request a hearing.
Step 5 – Wait for the Tenant’s Answer
After the tenant receives the summons, they have three days to respond. They must explain why they shouldn’t face eviction. If the tenant doesn’t answer in three days, the court will declare the landlord the winner of the case.
Step 6 – Attend the Court Hearing
The landlord can request a default judgment if the tenant doesn’t answer. If the tenant responds, an occupancy hearing is scheduled within ten days of the tenant’s answer. The landlord and tenant must provide each other with the evidence they plan to present at the hearing at least two days in advance.
Step 7 – Repossess the Property
Suppose the court rules in the landlord’s favor. In that case, it will include an Order of Restitution of the Premises, which directs the sheriff or constable to remove the tenant and restore the landlord’s possession of the property.
Depending on the outcome of the hearing, the landlord may also receive an Order for Damages, Rent, and Attorney Fees. These fees can be as high as the value of unpaid rent, attorney fees, and costs, plus three times the amount of damages from:
- Rent and other money due for the time the tenant unlawfully stayed on the property
- Forcible entry
- Damage to the property
Related Court Forms
- Notice to Defendant of Disclosure Requirements in Unlawful Detainer Actions: This form describes the tenant’s rights and must be served along with the complaint.
- Complaint: The complaint outlines the lease violation and why the tenant should be evicted. Landlords can use the OCAP system to prepare this form.
- Summons: The summons states that the eviction process in Utah has commenced and notifies the tenant of the time they must respond to the complaint. This form must accompany the complaint. Landlords can use the OCAP system to prepare this form.
- Judgment for Damages: The landlord prepares a Judgment for Damages form to calculate the damages the tenant owes for late rent and unlawfully detaining the property. Landlords can use the OCAP system to prepare this form.
- Order of Restitution: The Order of Restitution directs the sheriff or constable to reclaim the property for the landlord.
