Utah Eviction Notice Templates (11)

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Utah Eviction Notice Templates (11)

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Last updated February 2nd, 2024

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Utah eviction notices are documents served on a tenant of a residential property who has violated their agreement indicating that they must vacate the premises within the number of days written on the notice. Failure on the tenant’s part to vacate before the expiration date or remedy the breach (if possible) will result in the landlord filing an eviction suit against them. Each notice will describe the reason the tenant is being asked to vacate, the amount of time they have to comply with the notice terms, and the consequences of failing to do so.

By Type (11)

3-Day Notice to Pay or Vacate – Used to communicate to a tenant that they are in default of their rent payments and have three (3) days to pay or leave the premises.

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3-Day Notice to Comply or Vacate – A three (3) day notice to quit for the violation of the lease that gives the tenant the opportunity to remain on the premises if they remedy the breach.

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3-Day Notice to Vacate for Incurable Non-Compliance – A three (3) day notice to quit for a lease violation that is incurable. Failure to move out within the notice period will result in the tenant’s eviction.

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3-Day Notice to Vacate for Committing Waste – Delivered to a tenant who has damaged the rental property. It communicates that they have three (3) days to vacate or face eviction.

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3-Day Notice to Vacate for Nuisance – This is a notice used for when a tenant causes a nuisance that is non-criminal, providing them with three (3) days to vacate.

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3-Day Notice to Vacate for Criminal Nuisance – A notice to quit used when a tenant has created a criminal nuisance that has interfered with another individual’s comfort or safety.

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3-Day Notice to Vacate for Criminal Act – A notice delivered to a tenant who has committed a criminal act, not at the level of a criminal nuisance. It gives them three (3) days to leave the property or face eviction.

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3-Day Notice to Vacate for Assigning or Subletting – A three (3) day notice for tenants who have allowed another individual that is not on the lease to remain on the premises without the landlord’s permission.

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3-Day Notice to Vacate for Unlawful Business – A landlord can use this document to force a tenant to leave the property due to their conducting of an unlawful business out of the premises.

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5-Day Notice to Vacate for At-Will Tenancy – A notice delivered to an individual without a written or oral rental contract to inform them they must leave within five (5) days.

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15-Day Notice to Vacate (Lease Termination) – Used to terminate a month-to-month agreement with a tenant, giving them fifteen (15) days to vacate the premises.

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Contents

Eviction Laws + Required Notices

How to Evict a Tenant

To evict a tenant in Utah, a landlord has to follow the steps set in place by the state legislature. No property owner or landlord is allowed to exclude a tenant from the property without a court order. They must have just cause to evict, provide the tenants with the appropriate notice and opportunity to vacate or remedy the problem, and serve them with the correct court forms in the correct manner in order to receive a judgment in their favor.

Step 1 – Prepare Notice to Vacate

The first step in the process of a landlord ridding themselves of a bad tenant is the preparation of a notice to quit. The Utah State government has provided forms specific to any possible infraction the tenant can commit. A landlord will have to print off the notice to vacate that corresponds with the tenant’s violation and complete it in its entirety. The complete list of notice types is as follows:

Step 2 – Serve Notice to Vacate

Once completed, the notice to vacate can be served on the tenant. The service can be carried out by any individual including the landlord but must be served in accordance with § 78B-6-805; that is, by doing one of the following:

  • Providing the notice in person;
  • Mailing it via registered or certified mail to the tenant’s residence;
  • If the tenant isn’t present at the residence, leaving it with another individual of suitable age and mailing it to the tenant’s residence; or
  • If none of the above is possible, affixing it to a visible place on the property.

Step 3 – Online Court Assistance Program

If the tenant remedies the issue detailed in the notice to vacate, or they vacate within the number of days indicated therein, the landlord need not go any further. However, should they fail to comply with the notice’s terms, the landlord can file an unlawful detainer suit with the district court in which the property is located to get a court order. The Utah government website provides residents with the ability to create court documents online through its Online Court Assistance Program (OCAP). Indeed, many of the necessary eviction forms are not available elsewhere. Landlords will need to create an OCAP account, complete the interview to obtain their documents, fill out their forms, and print them off to be served and filed at the courthouse.

Step 4 – Complaint and Summons

It is through the OCAP that the landlord can complete and print off the Complaint (§ 78B-6-807). The form will detail the manner in which the tenant is unlawfully detaining the property, any rent due, as well as any damages or compensation the landlord believes they’re owed. In addition to the Complaint, the landlord will also need to obtain a Summons form (also retrievable through OCAP) which will detail the time and date by which the tenant (defendant) must answer the complaint or face a default judgment.

Step 5 – Serve Complaint and Summons

Both Summons and Complaint can be filed with the district court and served on the tenant along with a copy of the eviction notice, a copy of the lease agreement, and Notice to Defendant of Disclosure Requirements in Unlawful Detainer Actions. Service must be completed by someone other than the landlord who is at least eighteen (18) years old in accordance with the Utah Rule of Civil Procedure (URCP 4). Once successfully delivered, the process server must complete a Proof of Completed Service and the landlord must file it with the court.

Step 6 – Tenant’s Answer

After receiving the Complaint and the Summons forms, the tenant will be required to file an Answer with the court within three (3) days to plead their case. This Answer must also be served on the landlord. If the tenant fails to file within the allotted time, the landlord can file a Motion for Default Judgment to obtain an Order of Restitution before even going to a hearing or trial.

Step 7 – Occupancy Hearing

If either party requests an occupancy hearing following the filing of the tenant’s Answer, the judge will set a date within ten (10) days of the filing. Both parties must serve to the other any undisclosed document to be presented at the hearing, the name and contact information of each witness, as well as the expected testimony of each witness. At the date of the hearing, the judge will hear both sides of the case and determine who will be able to occupy the property. Failure on the tenant’s part to appear will result in a default judgment against them.

Step 8 – Trial

The judge may decide that further proceedings are necessary to determine if the tenant should be permitted to remain on the premises. If this is the case, they’ll order a trial within sixty (60) days of the service of the complaint. At the trial, the judge will make a final determination as to who shall obtain occupancy. A verdict in the tenant’s favor will permit them to stay on the premises. A verdict in the landlord’s favor will have the judge issue an Order of Restitution and, if applicable, awarding the landlord any unpaid rent before and after the complaint. They may also demand that the tenant pay the landlord’s attorneys’ fees as well as three (3) times the cost of any damages resulting from the eviction process or reason for eviction (waste of premises, abatement of nuisance).

Step 9 – Order of Restitution of the Premises 

Signing the Order of Restitution of the Premises will direct law enforcement to serve the document on the tenant in the same manner that the notice to vacate was delivered. The Order will direct the tenant that they have three (3) days to move out or they will be physically removed from the premises. The tenant should also receive a Request for Hearing Regarding Enforcement of an Order of Restitution which enables them to object to the manner in which the Order for Restitution was enforced. The filing of the request will not delay or stop the Order of Restitution unless the court agrees to it after the tenant has posted bond.

Step 10 – Removal

If the tenant remains on the premises beyond the three (3) days allotted to them, a sheriff or constable will be permitted to enter the property and physically remove them and their belongings. Their possessions will be kept in storage until the tenant has paid the storage costs although the tenant may retrieve certain essential items such as clothing and identification within five (5) calendar days.

Court Forms + Resources

Court Forms

Resources