Utah Statewide Rule
Utah Eviction Notice Requirements
Key Facts
- Nonpayment of rent
- 3 business days, pay or quit (78B-6-802(1)(c))
- Curable lease violation
- 3 calendar days, comply or quit (78B-6-802(1)(h))
- Nuisance / criminal / waste
- 3 calendar days' notice to quit (78B-6-802(1)(d)-(g))
- Self-help eviction
- Prohibited: court order required
- Damages
- Treble damages possible (78B-6-811)
Summary
Utah eviction begins with a notice to quit under Utah Code 78B-6-802. Nonpayment of rent requires a 3-business-day pay-or-quit notice; lease violations require a 3-calendar-day comply-or-quit notice; and waste, unlawful business, nuisance, or criminal acts require a 3-calendar-day notice to quit.
(c) continues in possession, in person or by subtenant, after default in the payment of any rent or other amounts due and after a notice in writing requiring in the alternative the payment of the rent and other amounts due or the surrender of the detained premises, has remained uncomplied with for a period of three business days after service, which notice may be served at any time after the rent becomes due; (d) assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste on the premises after service of a three calendar days' notice to quit; (e) sets up or carries on any unlawful business on or in the premises after service of a three calendar days' notice to quit;
Full Breakdown
Under Utah Code 78B-6-802(1)(c), a tenant who defaults on rent is an unlawful detainer if a written notice requiring payment 'or the surrender of the detained premises, has remained uncomplied with for a period of three business days after service.' For a curable lease violation, 78B-6-802(1)(h) requires written notice to perform 'or the surrender of the property' that goes 'uncomplied with for three calendar days after service.' Non-curable grounds get a flat three calendar days' notice to quit: assigning/subletting or waste (1)(d), unlawful business (1)(e), nuisance (1)(f), and criminal acts (1)(g). After the notice period the owner may file an unlawful detainer action; only a court may order the tenant out, and damages can be trebled (78B-6-811).
Violations & Penalties
No specific statutory penalty against the owner. A tenant who remains after a valid notice is an unlawful detainer; the court may award restitution of the premises and treble damages for rent and holdover under Utah Code 78B-6-811.
Frequently Asked Questions
How many days is a Utah eviction notice for unpaid rent?
What notice applies to a lease violation in Utah?
Can a Utah landlord evict without going to court?
Sources
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