In Utah, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Utah?
In Utah, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Utah?
In Utah, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For a 3 Day Notice to Quit for nonpayment of rent, the eviction notice for tenants that do not pay rent in full and on time, a landlord can serve notice when any part of the rent remains unpaid the day after rent is normally due.
Acceptable Forms of Service in Utah
Utah landlords may deliver an eviction notice using any of these methods:
- Hand delivery to the other party
- Hand delivery to a person of suitable age who can accept the notice on behalf of the other party, if the other party is unavailable
- Posting at a conspicuous place on the property, if there is no one of suitable age to accept the notice on behalf of the other party
- Delivery by registered or certified mail
Mailed notice begins the notice period as of the time of mailing.
Obtaining Proof of Service in Utah
Landlords can show proof that the notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Posting at the Premises – by taking a photograph and completing a Declaration of Service
- Registered/Certified Mail – return receipt and completing a Declaration of Service
Utah Eviction and Lease Termination Notice Forms
Notice Form | Grounds |
3 Day Notice To Quit | Eviction for Unpaid Rent |
3 Day Notice To Comply or Vacate | Eviction for Lease Violation |
3 Day Notice To Vacate | Eviction for Substantial Property Damage
Eviction for Illegal Activity |
3 Day Notice of Termination | Eviction for Physical Harm to the Premises
Eviction for Unauthorized Assignment of Lease |
5 Day Notice To Vacate | Ending a Tenancy at Will |
15 Day Notice To Vacate | Ending a Periodic / Fixed Term Lease |
Sources
- 1 Utah Code Ann. § 78B-6-805
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A notice required by this part may be served:
(a) by delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant’s usual place of business by leaving a copy of the notice with a person of suitable age and discretion;
(b) by sending a copy through registered mail, certified mail, or an equivalent means, addressed to the tenant at the tenant’s residence, leased property, or usual place of business;
(c) if the tenant is absent from the residence, leased property, or usual place of business, by leaving a copy with a person of suitable age and discretion at the tenant’s residence, leased property, or usual place of business;
(d) if a person of suitable age or discretion cannot be found at the place of residence, leased property, or usual place of business, then by affixing a copy in a conspicuous place on the leased property
Source Link - 2 Utah R. Civ. P. 5(b)(4)
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When service is effective. Service by mail or electronic means is complete upon sending.
Source Link