Understanding Eviction Notices in Utah
Eviction starts with the right notice in Utah. Depending on whether it’s for nonpayment, lease violations, or no-cause termination, the form must fit the situation.
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Types of Eviction Notices in Utah
Utah law specifies several eviction notice types, each designed for a particular situation. Check out our 3-day notice templates for non-payment and lease violations. Utah also has a 15-day notice for lease termination, which differs from the standard 30-day notice common across other states.
3-Day Notice to Pay Rent or Quit
Serve this notice to demand that tenants leave the property if they don’t pay overdue rent. You don’t have to wait a grace period before issuing it. Once you do, they’ll have three days to pay rent or leave per UT Code § 78B-6-802(1)(c).
If the tenant doesn’t pay the full amount and remains on the property, you can initiate an eviction lawsuit. In court, you can pursue the total rent amount owed and attorney fees, court costs, and existing property damages.
3-Day Notice to Pay Rent or Quit
Issue three days' notice to encourage a tenant to pay overdue rent or quit the property.
3-Day Notice to Quit for Non-Compliance
Issue a 3-day notice to attempt to correct a tenant’s breach of their lease. If they smoke in an unauthorized area, cause a disturbance, or commit another violation, this notice can inform them of where they went wrong and how to fix it. If they don’t fix the issue or move out within three days under UT Code § 78B-6-802(1)(h), you can initiate eviction proceedings.
3-Day Notice to Quit for Non-Compliance
Issue three days' notice to comply with a previously violated lease term or quit the property.
15-Day Notice Lease Termination
Request the end of a month-to-month lease by providing at least 15 days’ notice under Utah Code § 78B-6-802(1)(b)(i). As long as you give the proper notice requirement, you don’t have to explain your reasoning. If the tenant doesn’t leave the property before the notice period ends, you can pursue eviction via a court order.
15-Day Notice Lease Termination
Give tenants 15 days’ notice to move out if they’re on a month-to-month lease.
How to Evict a Tenant in Utah
Title 78B, Chapter 6, Part 8 (Forcible Entry and Detainer) governs eviction lawsuits 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.
