A Utah 5 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a tenancy at will, such as an unauthorized occupant residing in the rental unit. The non-terminating party must receive notice at least five (5) calendar days before the date of termination.
When To Use a Utah 5 Day Notice To Vacate
A Utah 5 Day Notice To Vacate terminates the following types of tenancy:
- Expired lease without option to renew
- Tenancies with neither an oral or written rental agreement
- Tenancies at will (i.e., unauthorized occupancies, such as a guest who won’t leave the premises or an unauthorized resident of a rental unit)
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 5 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
- 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 5 Day Notice To Vacate
Utah landlords and tenants 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-6-802(b)(ii)
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In cases of tenancies at will, remains in possession of the premises after the expiration of a notice of not less than five calendar days.
Source Link - 2 Utah Legal Services - Tenancy at Will
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This notice can be used only if there is no rental agreement, oral or written. This situation may occur if:
- A guest refuses to leave
- The rental agreement has expired and the landlord has told the tenant that the contract will not be renewed
- A new owner has purchased the property through bankruptcy, foreclosure (see our flyer below if you are a tenant in a foreclosed property), or sheriff’s sale and has received a title terminating all rental contracts. (If the new owner is evicting a tenant after purchasing the property in a regular sale and the tenant is on a month-to-month tenancy, the new owner must serve the tenant with a 15-day notice. Otherwise, the tenant has a right to live in the home until the rental agreement expires)
- 3 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 - 4 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
