Updated November 28, 2023
A Utah eviction notice is given to tenants by landlords when a lease violation has occurred. The notice should include the offense committed and the required time period for the tenant to respond. If the tenant is unresponsive, an eviction lawsuit (Forcible Entry and Detainer) can be filed at the Local District Court.
By Type (4)
3-Day Notice to Quit (Non-Payment of Rent) – This lets the tenant know that they are behind in their rent and that they must pay or leave within three days.
Download: PDF
3-Day Notice to Quit (Non-Compliance) – This form lets the tenant know that they are in breach of the lease, other than for non-payment and that they must cure the breach or leave within three days.
Download: PDF
3-Day Notice to Quit (Illegal Activity)
– This is similar to the above in that tenant has to leave in three days due to illegal activity on the premises.
Download: PDF
15-Day Notice to Quit (Month-to-Month Tenancy) – This form is for use when there is a month-to-month tenancy in place and one party does not intend to renew. This lets the other party know of the intention not to renew.
Download: PDF
Table of Contents |
Eviction Laws
- Rent Grace Period: No laws.
- Non-Payment of Rent: 3 days. § 78B-6-802(1)(c)
- Non-Compliance: 3 days. § 78B-6-802(1)(h)
- Illegal Activity: 3 days. § 78B-6-802(1)(g)
- Termination (Month-to-Month Lease): 15 days. § 78B-6-802(1)(b)(i)
- Eviction Lawsuit: Forcible entry and detainer. § 78B-6-801 – 78B-6-816
Court Forms
Landlords in Utah will need to contact the District Court where the property is located to obtain the paperwork necessary to file for an eviction. Alternatively, landlords may utilize the Self-Help Document Producing Site to prepare their eviction filings.
Complaint – A petition filed by the landlord to initiate the eviction process. Before submitting this form, the landlord must provide the tenant with a written notice to quit which states the reason for the eviction as well as the number of days they have to either cure the issue or vacate.
Summons – Served upon the tenant to inform them of the amount of time they have to file a response to the eviction action.
Answer Form – After a Summons is served to a tenant, the individual may respond to the court by filing an Answer Form that states whether or not the tenant agrees to the allegations.
Order of Restitution – Issued by a judge after ruling in favor of a landlord in an eviction lawsuit. This document orders the tenant to vacate the premises within a specific number of days.
When is Rent Due
In Utah, rent is due on the date specified in the lease. If the tenant fails to pay, then the landlord may seek eviction, first by notify the tenant of the potential eviction and giving him three days to pay what is owed.
How to Evict (5 steps)
- Provide Notice to Tenant
- File Summons and Complaint with Local Court
- Serve Summons and Complaint on Tenant
- Wait for Tenant’s Answer
- Receive Court Judgment
Use this Flow-Chart to see exactly how the eviction process works in the state of Utah.
1. Provide Notice to Tenant
The first step in the eviction process is to provide the tenant with requisite notice that they are in breach of the lease and they have to fix the problem or move out. The landlord may not continue with eviction proceedings until the time period specified in the notice has been exhausted. The types of notices are as follows:
2. File Summons and Complaint with Local Court
If the tenant fails to cure the breach and/or fails to vacate the premises, the landlord may proceed to the Local District Court to file a Summons and Complaint for eviction. In Utah, the court system has a Self-Help Document Producing Site that you can use to create the documents you need.
3. Serve Summons and Complaint on Tenant
After you have prepared and filed the Summons and the Complaint, you will have to make sure the tenant is properly served. You cannot serve the tenant yourself. You will have to have a sheriff or someone else complete service and you will have to have evidence of the service to file with the court, called a “return of service”.
4. Wait for Tenant’s Answer
The tenant will have the right to defend themselves and reply to the court (usually within 3 days of being served) by using the Answer Form. This may also be filled in using the Self-Help Website provided by the State.