Utah Eviction Notice

Introduction

Key Things to Know

1. 1

   An eviction notice is a written notice a landlord must serve on a tenant to begin ending a tenancy for cause, before filing a forcible entry and detainer action (Utah's court process for eviction, similar to what other states call an unlawful detainer suit) in Utah district or justice court.

2. 2

   Nonpayment of rent gets a 3-day pay-or-quit notice, but it runs on business days: the count excludes weekends and legal holidays, starting the business day after the tenant receives the notice. (Utah Code Section 78B-6-802(1)(c))

3. 3

   A curable lease violation other than nonpayment (sometimes called a "comply-or-quit" notice) gets a 3-day notice too, but this one runs on calendar days, so weekends count. The tenant, a subtenant in actual occupation, or another person interested in the lease may cure and save the lease from forfeiture, unless the violation cannot afterward be fixed. (Utah Code Section 78B-6-802(1)(h), (2))

4. 4

   Certain grounds get no chance to cure at all (an "unconditional quit" notice): unauthorized assigning or subletting or committing waste, running an unlawful business on the premises, maintaining a nuisance, or committing a criminal act while remaining in possession. Each gets a 3-calendar-day notice to quit with no cure option. (Utah Code Section 78B-6-802(1)(d)-(g))

5. 5

   The governing law is Utah's Forcible Entry and Detainer statute, Utah Code Title 78B, Chapter 6, Part 8, Sections 78B-6-801 through 78B-6-817, which sets the notice rules and the court process that follows.

6. 6

   Service (delivering the notice to the tenant) can use any one of several methods with no required order: personal delivery, registered or certified mail, leaving a copy with a person of suitable age and discretion at the tenant's residence or workplace, or posting a copy on the property. Unlike states that require personal delivery first, Utah lets the landlord choose freely among these. (Utah Code Section 78B-6-805)

7. 7

   There's no state-mandated form for the notice itself, only optional sample forms published by the Utah State Courts. Ending a periodic tenancy (month-to-month or another period) without cause needs at least 15 calendar days' notice before the period ends; a tenancy at will needs at least 5 calendar days. A holdover after a fixed lease term simply expiring needs no notice at all. (Utah Code Section 78B-6-802(1)(a)-(b))

Utah Requirements for Eviction Notice

• Three-Day Pay-or-Quit Notice, Counted in Business Days (Utah Code Section 78B-6-802(1)(c))

  3-business-day notice for nonpayment of rent or other amounts due, excluding weekends and legal holidays. Counting starts the business day after the tenant receives the notice, per the Utah State Courts' own form instructions. This business-day count is distinct from every other notice type on this page, which counts in calendar days.

• Three-Day Comply-or-Vacate Notice, Counted in Calendar Days (Utah Code Section 78B-6-802(1)(h), (2))

  3-calendar-day notice for a curable lease condition or covenant violation other than rent. The tenant, a subtenant in actual occupation, a mortgagee of the term, or another person interested in the lease's continuance may perform the condition and save the lease from forfeiture, unless the violation cannot afterward be performed, in which case an unconditional notice applies instead.

• Unconditional Quit Notice for Incurable Violations (Utah Code Section 78B-6-802(1)(d)-(g))

  3-calendar-day notice with no cure option, for unauthorized assignment or subletting contrary to the lease, committing waste, running an unlawful business on the premises, maintaining a nuisance, or committing a criminal act while remaining in possession. No opportunity to cure is provided by the statute for these grounds.

• Service of Notice Requirements (Utah Code Section 78B-6-805)

  Any one of four methods satisfies the statute, with no required order: personal delivery to the tenant (or the commercial tenant's usual place of business), registered or certified mail, leaving a copy with a person of suitable age and discretion at the tenant's residence, leased property, or usual place of business, or affixing a copy in a conspicuous place on the leased property.

• No Prescribed Notice Form (Utah Code Section 78B-6-802; Utah State Courts self-help forms)

  There is no government-mandated fill-in form for the pre-filing notice itself, and Utah Code Section 78B-6-802 does not itemize required notice content the way some states do. The Utah State Courts self-help site publishes optional sample notice forms for each ground, including instructions for correctly counting business days versus calendar days, but using them is not legally required.

• Governing Forcible Entry and Detainer Statute (Utah Code Title 78B, Chapter 6, Part 8)

  The statutory basis for every notice type on this page and the court process that follows if the tenant does not comply: Utah Code Title 78B, Chapter 6, Part 8, "Forcible Entry and Detainer," Sections 78B-6-801 through 78B-6-817.

• No-Cause Termination Notice Periods for Periodic Tenancies (Utah Code Section 78B-6-802(1)(a)-(b))

  Distinct from the 3-day for-cause notices above: ending a periodic tenancy (month-to-month or another period) without cause requires the landlord to serve notice at least 15 calendar days before the end of that period. A tenancy at will requires at least 5 calendar days' notice. By contrast, a holdover after a FIXED lease term simply expires requires no notice at all under the statute.