Utah 3-Day Notice to Pay or Vacate, Rent Non-Payment
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Last Updated: January 29, 2023.
About this Form Set
This form set is a legally-compliant 3-Day Notice to Pay Rent or Vacate for use in Utah, complete with an affidavit of service. The documents meet the requirements outlined in Utah Code § 78B-6-802(1). This notice letter serves as the first step in the eviction process, giving the tenant the option to either pay all past-due rent within three (3) days or to vacate the premises. The form letter is provided as standard, unlocked Microsoft Word and Adobe PDF documents, reusable, customizable to fit your specific situation, and can be downloaded immediately after purchase.
About this Form Set
This form set is a legally-compliant 3-Day Notice to Pay Rent or Vacate for use in Utah, complete with an affidavit of service. The documents meet the requirements outlined in Utah Code § 78B-6-802(1). This notice letter serves as the first step in the eviction process, giving the tenant the option to either pay all past-due rent within three (3) days or to vacate the premises. The form letter is provided as standard, unlocked Microsoft Word and Adobe PDF documents, reusable, customizable to fit your specific situation, and can be downloaded immediately after purchase.
Step-by-Step Guide for Serving a 3-Day Notice to Pay Rent or Vacate in Utah
- Step 1: Read the lease.
Before providing the tenant with a notice to pay rent or vacate, the landlord must check the tenant's lease agreement to see if it requires a longer period of time or a different process for the tenant to pay past-due rent than the minimum three (3) days required by Utah law. If the lease requires a longer wait period or different terms before the landlord can start the eviction process, the notice to the tenant must reflect that number of days or follow that different procedure.
- Step 2: Confirm the default.
The landlord must first verify that the tenant has, in fact, defaulted on rent, which is defined as the tenant's failure to pay the rent on the due date specified in the lease.
- Step 3: Prepare the written notice.
Once the landlord has verified the tenant's default, the landlord should draft or obtain a written notice form that requires the tenant to pay the overdue rent, late fees, and other amounts due or vacate the premises. The notice must specify: (1) the amount of rent due, (2) the date it was due, and (3) any late fees or other charges that may have been incurred as a result of the tenant's failure to pay the rent when due.
- Step 4: Serve the notice.
The written notice must be served on the tenant in person or by mail. If the landlord serves the tenant in person, the landlord or agent must physically hand the notice to the tenant or securely affix it to a prominent place on the property, such as the front door to the unit. If the notice is sent by mail, the landlord must send it by certified mail, return receipt requested.
- Step 5: Wait the required time.
The tenant has three (3) days after receipt of service either to pay the rent, late fees, and other amounts due or to vacate the property.
- Step 6: File an action to evict.
If the tenant fails to cure the default after receiving the notice, the landlord may undertake legal action to evict the tenant. This process may involve filing a complaint in court, serving the tenant with a summons and complaint, and attending a court hearing.
- Step 7: Attend the court hearing.
The court will schedule a hearing to hear the evidence regarding the eviction complaint and allow the tenant to contest the eviction. The landlord must attend the hearing and show that the nonpayment of rent and the notice to quit were properly served on the tenant. If the court issues a ruling favoring the landlord, the court will issue a judgment for eviction.
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