Updated May 26, 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: Adobe PDF, MS Word, OpenDocument
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: Adobe PDF, MS Word, OpenDocument
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: Adobe PDF, MS Word, OpenDocument
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 no to renew.
Download: Adobe 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 (Process)
Use this Flow-Chart to see exactly how the eviction process works in the state of Utah.
Step 1: 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:
- 3-Day Notice to Quit (Non-Payment)
- 3-Day Notice to Quit (Non-Compliance)
- 3-Day Notice to Quit (Illegal Activity)
- 15-Day Notice to Quit (Month to Month Tenancy)
Step 2 – 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.
Step 3 – 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”.
Step 4 – 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.
Step 5 – If the landlord prevails in court, the court will issue an Order of Restitution giving the Plaintiff three days to move out before the sheriff will be authorized to remove the tenant.
Video
How To Write (Notice To Quit)
1 – Acquire the Lease and the Form
The Signed Lease being discussed by this Notice will contain some valuable information that must be transcribed onto this Notice. Thus, generally, having it available for review before filling out information would be considered wise. The forms you require are easily accessible on this page by clicking on the button labeled “PDF,” “ODT,” or “Word.” Each of these will contain the Utah Notice To Quit in its respectively designated file type.
2 – State Recipient Name
The party this document is intended for must be reported on the blank line at the top of this page just beneath the Title. The Full Name of each of these parties must be reported here.
3 – Recount Facts of Lease
This form will be introduced by a few statements. The first one needing attention will have the phrase “…in the City of” followed by a blank space. Report the City where the Rented Property is located here. Then use the next two spaces to report the County then the Zip Code where the Leased Property is located. The Building Number and the Street of the Rented Property should be recorded on the space following the term “designated by the number and street…” Obtain the information you enter here from the Lease.
The next statement requiring information will call for the Calendar Day, Month, and Year the Rental Agreement lists as its Signature Date. These items should be recorded on the spaces following the term “…lease agreement signed on the,” in the second statement.
4 – Describe Terms of Notice
The main area of this form is used to provide you a choice of Notices. There are four available Notices which may be issued by the Landlord and one that may be issued by a Tenant. Check the box next to the Notification Statement containing the wording and terms you need to issue to the Recipient (when served).
The first box may be checked by an issuing Landlord or agent. The “Nonpayment” terms will notify the Addressee, listed above, that an Overdue Rent Amount must be collected within Three Days of Notice Receipt or the Landlord will expect to be given possession of the Property.
The second box may be checked by an issuing Landlord or Agent. The “Noncompliance” terms will inform the Recipient listed above that a breach of contract has been committed and he or she has Three Days to rectify the situation or return possession of the Property to the Landlord.
The third box may be checked by an issuing Landlord or Agent. The “Illegal Activity” terms simply states the Tenant must evacuate the Property and move out within Three Days of this Notice. The Illegal Activity that caused this Notice to be issued must be reported on the blank line.
The fourth box may be checked by an issuing Landlord or Agent. These “Month To Month Tenancy” terms from the Landlord requires the above Recipient to vacate the Leased Property since the Landlord is ending the Lease. The Date the Month To Month Tenancy ends must be reported in this statement. Also, it must provide Thirty Days’ Notice.
The fifth box may be checked by a Tenant issuing this Notice to his or her Landlord. These “Month To Month Tenancy” terms are meant to provide Thirty Days’ Notice to the Tenant Termination of a Month To Month Tenancy Agreement.
5 – Verify Demand for Compliance
The Disclosure at the bottom of the page must be Signed by a Landlord or Agent who issues this Notice. There will be a specific space to do this labeled “Landlord/Agent Signature.”
6 – Presenting Delivery Report
If this Notice is to be successfully delivered or served to the Recipient listed, then it must bear the Signature of the party who has made sure this paperwork reached its destination. The blank spaces in the “Certificate of Delivery” statement require the Deliverer to record the Date of Delivery and the Full Name of the person this paperwork was delivered to. Below this, the Delivery Agent will need to define the Delivery further by checking one of the statements next to one of the check boxes. These statements will describe the Delivery as one made in person to the Addressee, one made by leaving it with a second party who will bring it to the Addressee, or using First Class Mail Service to mail it, via USPS, to the Addressee. The Certificate of Delivery must be Signed by the Agent of Delivery on the Signature Line provided.
