A Utah lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 15 days in advance.
Types of Utah Lease Termination Notice Forms
| Notice Form | Lease Type |
| 5 Day Notice To Vacate | Tenancy At Will |
| 15 Day Notice To Vacate | Periodic / Fixed Term |
Utah 5 Day Notice To Vacate
A Utah 5 Day Notice To Vacate is used by the landlord or the tenant to terminate a tenancy at will (e.g., a guest who won’t move out, or an unauthorized occupant on a rental property). This form of termination also applies to an expired lease with no renewal option, and for tenants who lack an oral or written rental agreement. The non-terminating party must receive notice at least five (5) calendar days before the termination date.
Utah 15 Day Notice To Vacate
A Utah 15 Day Notice To Vacate terminates a periodic tenancy (e.g., month-to-month) as well as fixed-term leases. The non-terminating party must receive notice at least fifteen (15) calendar days before the termination date.
How To Write a Lease Termination Notice in Utah
To ensure the legal compliance of a lease termination notice:
- 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 Calculate Expiration Date in Utah
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice 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.
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-6-802(b)(i)
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Having leased real property for an indefinite time with monthly or other periodic rent reserved:
Source Link(i) continues in possession of the property in person or by subtenant after the end of any month or period, in cases where the owner, the owner’s designated agent, or any successor in estate of the owner, 15 calendar days or more before the end of that month or period, has served notice requiring the tenant to quit the premises at the expiration of that month or period. - 4 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 - 5 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