The Utah fifteen (15) day notice to quit, pursuant to Statute 78B-6-802(1)(b)(i), is to be used to terminate a month-to-month tenancy. The notice informs the tenant that they have 15 days to vacate the rental unit. If the tenant fails to vacate the rental unit by the date specified in the notice, the landlord can bring an eviction action against them in district court. The notice must be served personally, through certified mail, left at the rental unit (with a resident at least 18 years old), or posted on the premises of the unit (if the aforementioned options have been exhausted). Download
Utah Eviction Process & Laws | Free UT Eviction Notices
The Utah three (3) day notice to quit, due to § 78B-6-802(g), can be served on a tenant who has committed a lease violation that is incurable (i.e. cannot be fixed). Examples of such violations include most felonies (drug-related crimes, prostitution, gambling, violent acts, etc.), or any serious violation of the rental/lease agreement. After having been served with the notice, the tenant has three (3) days to vacate the rental unit. If the tenant does not move out by the end of the third day, the landlord has the right to file an eviction lawsuit against them. Download/Print Link: .PDF
The Utah three (3) day notice to quit, in relation to Section 78B-6-802(h), is the notice that must be given to a tenant who has violated a part of the lease agreement (before the landlord can file an eviction action). The notice provides the tenant with three (3) days to remedy the violation, or move out of the rental unit. Failure of the tenant to comply with the lease agreement or move out of the unit allows the landlord to file an eviction action (lawsuit). In the State of Utah, eviction lawsuits are filed in District Court. Download/Print Link: Note: Link
The Utah three (3) day notice to pay or quit, in accordance with Statute 78B-6-802(c), is given to a tenant who has failed to pay rent. Once the notice has been served on the tenant, they have three (3) days to either pay the past due rent, or vacate (move out of) the rental unit. If the tenant does not pay the past due rent or vacate the property within the three day period, the landlord can then file an eviction lawsuit against them. Eviction lawsuits are filed in the District Court of the county where the rental property is located.
How to Evict a Tenant (Process)
The only way that a tenant can be evicted in the State of Utah is by court order. The first step in obtaining a court order is for the landlord to serve the tenant with an eviction notice. There are four main types of notices that can be issued (depending on the reason for the eviction, the type of tenancy, etc.).
Step 1 – The tenant must be served with the proper notice. If the tenant has failed to pay rent, the three (3) day notice to pay/quit must be served. If the tenant has committed a crime* on the premises of the rental property, they should be served with the three (3) day notice to quit. If the tenant has committed a (curable) breach of the lease agreement, the three (3) day notice to cure/quit must be served on them.
*Examples of applicable crimes include most felonies, drug-related activity, prostitution, gambling, or other acts that disturb the general peace of the surrounding units (such as having parties, numerous guests, etc.).
Note: The notice can be served personally, sent through certified mail, left with a resident of the unit at least 18 years of age (and then sent via certified mail), or posted on the premises of the unit.
Step 2 – If the tenant pays the past due rent, or otherwise complies with the notice within the specified time frame, the landlord cannot initiate a lawsuit against them. However if the tenant fails to comply with the notice, the landlord can then file an eviction lawsuit. The eviction action must be filed in the District Court of the county where the rental property is located.
Step 3 – After the landlord has filed the eviction action (Complaint/Summons), the tenant must be served with a copy of the court papers. Utah State law requires that the papers must be served by a third party (i.e. the landlord cannot serve these papers to the tenant). The Summons will inform the tenant of the date that they have to file a written answer to the Complaint by (usually it’s no more than 3 business days from the service date). If the tenant fails to file an answer before this date, the landlord can file a request for a default judgement/”Order of Restitution” (allowing the landlord to regain possession of the rental unit).
Step 4 – If the tenant files an answer to the Complaint, the hearing will typically be held no more than 10 days from the date that the answer was filed on. Both parties must attend the hearing. The Judge will either make a judgement at the hearing, or decide that the case should go to trial. If the case goes to trial, the trial date will be no more than 60 days from the date that the Complaint was served on the tenant.
Note: If the tenant fails to show up to the hearing, the Judge will issue an Order of Restitution (allowing the Sheriff to regain possession of the rental unit for the landlord).
Step 5 – If a judgement is made in favor of the landlord, the Judge will issue the Order of Restitution. The order demands that the tenant vacate the rental unit (usually within 3 days of being served the order). The order can only be served on the tenant by a Sheriff, constable, police officer, or private investigator. If the tenant does not comply with the order, the Sheriff will return and (if necessary) forcibly remove them from the unit. The Sheriff has the right to remove (and store) the tenant’s possessions/property as well.
Note: If the tenant does not agree with the way that the order was enforced, they can file a request for a hearing. The restitution hearing typically takes place 10 days from the date that the request was filed on. This hearing is not the same as an appeal to the judgement.
Possession Bond: The landlord can file a possession bond if they want to take possession of the rental unit before the hearing/trial. More information regarding possession bonds can be viewed on the Utah State Legislature’s website.