Utah Notice to Vacate: 2026 Landlord Rules & 3-Day Statute
Reviewed by DocDraft Legal Team · Utah · Last updated 2026-05-31
Utah Code 78B-6-802 sets the grounds and notice periods before a landlord may bring an unlawful detainer action under Title 78B, Chapter 6, Part 8. A tenant in default of rent is in unlawful detainer after a three calendar days notice requiring payment of rent or surrender of the premises, and the tenant may pay the full rent due within those three days to avoid forfeiture. For a periodic tenancy ended without cause, the owner serves a notice to quit at least 15 calendar days before the end of the month or period; a tenancy at will takes not less than 5 calendar days. Curable lease-condition violations carry a three calendar days right to perform and save the lease, while non-curable grounds such as nuisance, waste, or unlawful business carry a three calendar days notice to quit with no cure. Notice is served under Utah Code 78B-6-805, and a landlord who prevails on an unlawful detainer claim may recover treble damages for the period of unlawful detention under Part 8.
How do I serve a notice to vacate in Utah?
Utah Code 78B-6-805 sets the permitted service methods. The notice may be served by delivering a copy to the tenant personally; by registered mail, certified mail, or an equivalent means addressed to the tenant at the tenant's residence, leased property, or usual place of business; or, if the tenant is absent, by leaving a copy with a person of suitable age and discretion at the residence, leased property, or usual place of business. Only if a person of suitable age or discretion cannot be found may the landlord affix a copy in a conspicuous place on the leased property as a last resort. The notice must be in writing.
What is the notice period for nonpayment of rent in Utah?
Utah Code 78B-6-802(1)(c) requires a three calendar days notice in writing requiring, in the alternative, the payment of rent or the surrender of the premises. A tenant who does not pay or surrender within those three calendar days is guilty of unlawful detainer. The tenant may pay the full amount of rent due, including late fees specified in the lease, within the three-day notice period to avoid forfeiture of the tenancy.
What is the no-cause notice period at the end of a Utah tenancy?
Utah Code 78B-6-802(1) requires that for a periodic tenancy, such as month-to-month, the owner serve a notice requiring the tenant to quit at least 15 calendar days before the end of the month or period. For a tenancy at will, the notice must be not less than 5 calendar days. Utah has no statewide just-cause requirement, so an owner may decline to renew a periodic tenancy without stating a reason, subject to the Fit Premises Act retaliation prohibition and fair housing law. There is no separate fixed 30 or 60 day no-cause termination period.
What happens if the tenant does not vacate after the notice period in Utah?
If the tenant neither vacates nor cures within the applicable notice period, the landlord files an unlawful detainer action under Utah Code Title 78B, Chapter 6, Part 8 in the district court or justice court for the county where the rental property is located. A landlord can request an occupancy hearing, and the court schedules that hearing within 10 days after the request is made. A landlord who prevails may obtain an order of restitution restoring possession, and Part 8 allows recovery of treble damages for the period of unlawful detention.
Utah notice-to-vacate framework at a glance
Utah Code 78B-6-802, within the Forcible Entry and Detainer Act at Title 78B, Chapter 6, Part 8, sets every pre-eviction notice period a landlord uses. Nonpayment carries a three calendar days notice to pay rent or surrender; a curable lease-condition violation carries three calendar days to perform and save the lease; non-curable grounds such as nuisance, waste, unauthorized subletting, or unlawful business carry a three calendar days notice to quit with no cure; a periodic tenancy ended without cause takes a notice to quit at least 15 calendar days before the end of the period; and a tenancy at will takes not less than 5 calendar days. Service follows Utah Code 78B-6-805. Utah has no statewide just-cause requirement. After the notice period, the landlord files an unlawful detainer action in the district court or justice court for the county where the property sits, may request an occupancy hearing the court schedules within 10 days, and a prevailing landlord may recover treble damages for the period of unlawful detention. The Utah State Courts self-help center at utcourts.gov publishes optional eviction forms, including a 15 Day Notice to Vacate and the 1100EV Complaint for Unlawful Detainer used once a court action is filed.
Landlord Resources
Utah State Courts Eviction Self-Help (Landlord)
Official Utah judicial branch self-help center for the landlord side of the eviction process, including optional forms such as the 15 Day Notice to Vacate and the 1100EV Complaint for Unlawful Detainer.
Utah Code Title 78B, Chapter 6, Part 8 (Forcible Entry and Detainer)
The controlling statute on the Utah Legislature site, setting notice periods, service methods, the unlawful detainer action, and remedies including treble damages.
Utah Courts Complaint for Unlawful Detainer (1100EV)
Official Utah Courts fillable complaint form used to open an eviction case in the district or justice court after the notice period has expired.
Relevant Laws
Utah Code § 78B-6-802 (Unlawful Detainer; Notice Periods)
Sets the grounds and notice periods: three calendar days pay-or-surrender for nonpayment, three calendar days to cure or to quit for lease violations, 15 calendar days for a periodic tenancy ended without cause, and 5 calendar days for a tenancy at will.
Utah Code § 78B-6-805 (Service of Notice)
Lists the permitted methods of serving a notice: personal delivery, registered or certified mail, leaving a copy with a person of suitable age and discretion, or affixing in a conspicuous place as a last resort.
Utah Code Title 78B, Chapter 6, Part 8 (Forcible Entry and Detainer)
The controlling Part governing unlawful detainer actions in Utah, including the possession-bond process, the order of restitution, and treble damages for the period of unlawful detention.
Utah Code § 57-22-4 (Fit Premises Act; Retaliation and Military Early Termination)
Part of the Utah Fit Premises Act, providing a retaliation prohibition and a servicemember early-termination right relevant to ending a tenancy.
Utah Code § 57-21-5 (Utah Fair Housing Act)
Prohibits housing discrimination on the basis of protected classes, which limits the grounds on which a landlord may end a tenancy.
Federal SCRA, 50 U.S.C. § 3955 (Termination of Residential Leases)
Federal lease-termination and eviction protections for active-duty servicemembers who enter service or receive qualifying orders.
Utah Courts Eviction Self-Help (Landlord)
Official Utah judicial branch guidance on the landlord eviction process, optional notice and complaint forms, and the occupancy hearing.
Regional Variances
Utah unlawful detainer practice by county court
Salt Lake County
Eviction filings route to the district court or a justice court for the county where the property sits. Salt Lake County is Utah's highest-volume housing docket, so occupancy-hearing scheduling and final hearing dates can land at the later end of court timelines even though the statute and the Utah Courts guidance contemplate an occupancy hearing within 10 days of the request.
Utah County
Utah County landlords file in the district court or the applicable justice court for the county. The same Utah Code 78B-6-802 notice periods and 78B-6-805 service rules apply statewide, so the substantive notice requirements do not change; confirm the correct filing court and any local civil filing procedures for the precinct where the property is located.
District court vs. justice court
Utah unlawful detainer actions may be filed in either the district court or a justice court depending on the amount in controversy and local jurisdictional limits. The controlling notice periods under Utah Code 78B-6-802 are identical, but filing procedures, fees, and forms can differ between the two court levels. Confirm the correct court for the claim before filing.
Suggested Compliance Checklist
Identify the statutory ground and the correct notice period
Pre-notice days after startingMap the situation to the right subsection of Utah Code 78B-6-802. Nonpayment: three calendar days pay-or-surrender. Curable lease-condition violation: three calendar days to perform and save the lease. Non-curable ground such as nuisance, waste, unauthorized subletting, or unlawful business: three calendar days to quit. Periodic tenancy ended without cause: at least 15 calendar days. Tenancy at will: not less than 5 calendar days.
Confirm the tenancy type and review the lease
Pre-notice days after startingDetermine whether the tenancy is periodic, at will, or under a fixed term, because the tenancy type sets the no-cause notice period under Utah Code 78B-6-802(1). Review the lease for any additional notice-content requirements it imposes. Utah has no statewide just-cause requirement, but the Fit Premises Act retaliation prohibition and fair housing rules still apply.
Draft a written notice that meets the § 78B-6-802 requirements
Pre-notice days after startingThe notice must be in writing. For nonpayment, state the demand in the alternative: pay the rent due, including any late fees specified in the lease, or surrender the premises within three calendar days. For a periodic-tenancy termination, require the tenant to quit at least 15 calendar days before the end of the period. Match the day count and language to the ground identified.
Serve the notice under § 78B-6-805
Service days after startingServe by an allowed method: deliver a copy to the tenant personally; send by registered or certified mail or an equivalent means to the tenant's residence, leased property, or usual place of business; or, if the tenant is absent, leave a copy with a person of suitable age and discretion. Only if such a person cannot be found may you affix a copy in a conspicuous place on the property as a last resort. Keep proof of how and when the notice was served.
Wait the full notice period before filing
Notice period days after startingDo not file the unlawful detainer action before the applicable notice period expires. Periods run in calendar days: three for nonpayment or a lease-violation cure or quit, 15 for a periodic tenancy ended without cause, and 5 for a tenancy at will. Filing before the period ends can lead to dismissal and force a fresh notice and re-service.
File the unlawful detainer action in the proper court
Post-notice days after startingAfter the notice period expires, file an unlawful detainer (eviction) complaint under Utah Code Title 78B, Chapter 6, Part 8 in the district court or justice court for the county where the rental property is located. The Utah Courts self-help center publishes the 1100EV Complaint for Unlawful Detainer. Confirm the current filing fee with the court before filing.
Request and appear at the occupancy hearing
Hearing days after startingRequest an occupancy hearing to resolve possession on an expedited basis; the court schedules the hearing within 10 days after the request is made. Bring the lease, the notice to vacate with proof of service, and a rent ledger if nonpayment is the ground. Account for the possession-bond cure right, under which a nonpayment case is dismissed if the tenant pays accrued rent and costs within three calendar days of service of the notice of the possession bond.
Obtain the order of restitution
Post-judgment days after startingIf the landlord prevails, obtain an order of restitution restoring possession of the property, enforced through the appropriate officer. A prevailing landlord may also seek treble damages for the period of unlawful detention under Title 78B, Chapter 6, Part 8. Track any tenant appeal deadlines.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the statutory ground and the correct notice period | Map the situation to the right subsection of Utah Code 78B-6-802. Nonpayment: three calendar days pay-or-surrender. Curable lease-condition violation: three calendar days to perform and save the lease. Non-curable ground such as nuisance, waste, unauthorized subletting, or unlawful business: three calendar days to quit. Periodic tenancy ended without cause: at least 15 calendar days. Tenancy at will: not less than 5 calendar days. | - | Pre-notice |
| Confirm the tenancy type and review the lease | Determine whether the tenancy is periodic, at will, or under a fixed term, because the tenancy type sets the no-cause notice period under Utah Code 78B-6-802(1). Review the lease for any additional notice-content requirements it imposes. Utah has no statewide just-cause requirement, but the Fit Premises Act retaliation prohibition and fair housing rules still apply. | - | Pre-notice |
| Draft a written notice that meets the § 78B-6-802 requirements | The notice must be in writing. For nonpayment, state the demand in the alternative: pay the rent due, including any late fees specified in the lease, or surrender the premises within three calendar days. For a periodic-tenancy termination, require the tenant to quit at least 15 calendar days before the end of the period. Match the day count and language to the ground identified. | notice-to-vacate | Pre-notice |
| Serve the notice under § 78B-6-805 | Serve by an allowed method: deliver a copy to the tenant personally; send by registered or certified mail or an equivalent means to the tenant's residence, leased property, or usual place of business; or, if the tenant is absent, leave a copy with a person of suitable age and discretion. Only if such a person cannot be found may you affix a copy in a conspicuous place on the property as a last resort. Keep proof of how and when the notice was served. | - | Service |
| Wait the full notice period before filing | Do not file the unlawful detainer action before the applicable notice period expires. Periods run in calendar days: three for nonpayment or a lease-violation cure or quit, 15 for a periodic tenancy ended without cause, and 5 for a tenancy at will. Filing before the period ends can lead to dismissal and force a fresh notice and re-service. | - | Notice period |
| File the unlawful detainer action in the proper court | After the notice period expires, file an unlawful detainer (eviction) complaint under Utah Code Title 78B, Chapter 6, Part 8 in the district court or justice court for the county where the rental property is located. The Utah Courts self-help center publishes the 1100EV Complaint for Unlawful Detainer. Confirm the current filing fee with the court before filing. | - | Post-notice |
| Request and appear at the occupancy hearing | Request an occupancy hearing to resolve possession on an expedited basis; the court schedules the hearing within 10 days after the request is made. Bring the lease, the notice to vacate with proof of service, and a rent ledger if nonpayment is the ground. Account for the possession-bond cure right, under which a nonpayment case is dismissed if the tenant pays accrued rent and costs within three calendar days of service of the notice of the possession bond. | - | Hearing |
| Obtain the order of restitution | If the landlord prevails, obtain an order of restitution restoring possession of the property, enforced through the appropriate officer. A prevailing landlord may also seek treble damages for the period of unlawful detention under Title 78B, Chapter 6, Part 8. Track any tenant appeal deadlines. | - | Post-judgment |
Frequently Asked Questions
Both run three calendar days, but they address different grounds. Under Utah Code 78B-6-802(1)(c), a nonpayment notice demands, in the alternative, payment of rent or surrender of the premises; the tenant can pay the full rent due, including late fees specified in the lease, within three calendar days to keep the tenancy. Under Utah Code 78B-6-802(1)(d), a curable lease-condition violation gives the tenant three calendar days to perform the violated condition or covenant and save the lease from forfeiture. For non-curable grounds the tenant cannot cure and must quit.
Under Utah Code 78B-6-802(1)(a), a tenant who remains after the expiration of a specified term (a fixed lease) is guilty of unlawful detainer automatically. No statutory prior notice to quit is required for a fixed term that expires naturally, unlike periodic or at-will tenancies.
Yes. Utah Code Title 78B, Chapter 6, Part 8 allows a landlord who prevails on an unlawful detainer claim to recover treble damages for the period of unlawful detention, in addition to an order of restitution restoring possession. The exact amounts depend on the rent owed and the length of the holdover. Because the calculation and entitlement are fact-specific, a landlord weighing a treble damages claim may choose to have the filing reviewed by an attorney before judgment.
Two layers apply. The federal Servicemembers Civil Relief Act at 50 U.S.C. 3955 provides lease-termination and eviction protections for servicemembers who enter military service or receive qualifying orders. Utah Code 57-22-4, part of the Utah Fit Premises Act, also provides an early-termination right tied to military service. A landlord who receives a servicemember termination notice or learns a tenant is on active duty should confirm the orders and the applicable protection before proceeding with a notice to vacate or eviction.
An unlawful detainer action depends on a notice that satisfies Utah Code 78B-6-802 for the ground claimed and is served by a method allowed under Utah Code 78B-6-805. If the notice states the wrong period, omits the in-the-alternative pay-or-surrender demand for nonpayment, is not in writing, or is served by an improper method, the tenant can raise that defect as a defense and the case can be dismissed, forcing re-service and a fresh notice period. Confirm the ground, the correct day count, and the service method before filing.
No. The Utah Fit Premises Act at Utah Code 57-22-4 prohibits a landlord from retaliating against a tenant for exercising rights such as complaining about a health or safety condition. A retaliation defense is a common tenant response to an eviction filing, so a landlord ending a tenancy after a tenant complaint should be able to show an independent, lawful ground for the notice to vacate.
After an unlawful detainer action is filed, a Utah landlord can request an occupancy hearing to resolve who holds possession of the property while the case proceeds. According to the Utah Courts self-help eviction guidance, the court schedules that hearing within 10 days after the request is made. The hearing addresses possession on an expedited basis ahead of any final judgment on damages.
In some cases. Utah's Forcible Entry and Detainer Act provides for an expedited possession process tied to a possession bond. In an unlawful detainer action based solely on nonpayment of rent or other amounts due, the existing contract remains in force and the complaint is dismissed if the defendant, within three calendar days of service of the notice of the possession bond, pays accrued rent, all other amounts due, and other costs including attorney fees. A landlord pursuing a nonpayment case should account for this cure right when planning the timeline.
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