A Utah 3 Day Notice To Vacate is a letter which complies with state legal requirements to begin eviction against a tenant for committing substantial property damage, possessing controlled substances, or threatening violence. 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 To Vacate
A Utah 3 Day Notice To Vacate begins the eviction process for the following tenant violations:
- Substantial negligent or intentional property damage
- Possession, sale, or distribution of controlled substances
- Criminal acts
- Involvement in gang activity
- Threats or acts of violence against another person
- Any other unlawful act that results in a felony charge
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 Vacate
To help ensure the legal compliance of a Notice To 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
- 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 Vacate
Utah landlords may deliver a Notice To 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-6-810(3)
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As used in this Subsection (3)(a), “an act that would be considered criminal under the laws of this state” means: (A) an act that would constitute a felony under the laws of this state; (B) an act that would be considered criminal affecting the health or safety of a tenant, the landlord, the landlord’s agent, or other individual on the landlord’s property; (C) an act that would be considered criminal that causes damage or loss to any tenant’s property or the landlord’s property; (D) a drug- or gang-related act that would be considered criminal; (E) an act or threat of violence against any tenant or other individual on the premises, or against the landlord or the landlord’s agent; and (F) any other act that would be considered criminal that the court determines directly impacts the safety or peaceful enjoyment of the premises by any tenant.
Source Link(ii) In an action for unlawful detainer in which the claim is for nuisance and alleges an act that would be considered criminal under the laws of this state, the court shall hold an evidentiary hearing upon request within 10 days after the day on which the complaint is filed to determine whether the alleged act occurred. - 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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