A Utah 3 Day Notice of Termination is a letter which complies with state legal requirements to begin eviction against a tenant for causing harm to the premises or assigning or subletting the rental unit without the landlord’s consent. The tenant is not given an opportunity to take corrective action and must move out within three (3) calendar days of receiving notice.
When To Use a Utah 3 Day Notice of Termination
A Utah 3 Day Notice of Termination begins the eviction process for the following tenant violations:
- Committing waste (actions which substantially reduce the value of the rental property on a permanent or ongoing basis)
- Assigning the lease or subletting the premises without the landlord’s consent
Some types of Utah lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Utah 3 Day Notice of Termination
To help ensure the legal compliance of a Notice of Termination:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Utah 3 Day Notice of Termination
Utah landlords may deliver a Notice of Termination 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.
Sources
- 1 Utah Code Ann. § 78B-6-802(d)
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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
Source Link - 2 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;
Source Link(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 - 3 Utah Court Rules of Civil Procedure - Rule 5
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When service is effective. Service by mail or electronic means is complete upon sending.
Source Link