A Utah 3 Day Notice To Comply or Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for a “curable” violation (i.e., one which the tenant is allowed an opportunity to correct), such as parking in an unauthorized area. The tenant must take appropriate corrective action or move out within three (3) calendar days of receiving notice.
When To Use a Utah 3 Day Notice To Comply or Vacate
A Utah 3 Day Notice To Comply or Vacate begins the eviction process for the following tenant violations:
- Refusal to allow the landlord lawful access to the premises
- Occupancy violations
- Parking in an unauthorized area
- Other violations of the lease
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 To Comply or Vacate
To help ensure the legal compliance of a Notice To Comply or Vacate:
- 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, and the corrective action(s) required to avoid termination
- 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 To Comply or Vacate
Utah landlords may deliver a Notice To Comply or Vacate 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(h)
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Continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, other than those previously mentioned, and after notice in writing requiring in the alternative the performance of the conditions or covenant or the surrender of the property, served upon the tenant and upon any subtenant in actual occupation of the premises remains uncomplied with for three calendar days after service.
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.
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