The Utah eviction notice forms may be used as a first step in the eviction (also known as unlawful detainer) process. Tenant must receive notice before a landlord goes to court to seek eviction of a tenant. If, after the time period of the notice has expired, the tenant has failed to respond appropriately, then landlord may seek redress in the District Court that has jurisdiction in the area the rented property is located. The landlord may file a complaint and summons. These will have to be properly served on the tenant. The landlord is not allowed to serve the complaint and summons. However, the landlord must file a return of service with the court so that the court knows that the tenant received the notice. Tenant will only have three days to respond after notice. If tenant does not respond, then landlord can seek an Order of Restitution to claim possession of the property.
Notices By Type
3-Day Notice to Quit (Non-Payment) – This lets tenant know that they are behind in their rent and that they must pay or leave within three days.
3-Day Notice to Quit (Non-Compliance) – This form lets tenant know that they are in breach of the lease, other than for non-payment and that they must cure the breach or leave within three days.
3-Day Notice to Quit (Illegal Activity) – This is similar to the above in that tenant has to leave in three days due to illegal activity on the premises.
15-Day Notice to Quit (Month to Month Tenancy) – This form is for use when there is a month to month tenancy in place and one party does not intend to renew. This lets the other party know of the intention no to renew.
When is Rent Due
In Utah, rent is due on the date specified in the lease. If tenant fails to pay, then landlord may seek eviction, first by notify tenant of the potential eviction and giving him three days to pay what is owed.
How to Evict (Process)
Step 1: The first step in the eviction process is to provide tenant with requisite notice that he or she in in breach of the lease and they have to fix the problem or move out. Landlord may not continue with eviction proceedings until the time period specified in the notice has been exhausted. The types of notices are as follows:
- 3-Day Notice to Quit (Non-Payment)
- 3-Day Notice to Quit (Non-Compliance)
- 3-Day Notice to Quit (Illegal Activity)
- 15-Day Notice to Quit (Month to Month Tenancy)
Step 2 – If tenant fails to cure the breach and/or fails to vacate the premises, then landlord may proceed to the Local District Court to file a summons and complaint for eviction. In Utah, the court system has a Self-Help Document Producing Site that you can use to create the documents you need.
Step 3 – After you have prepared and filed the complaint and summons, you will have to make sure the tenant is properly served. You cannot serve the tenant yourself. You will have to have a sheriff or someone else complete serve and you will have to have evidence of the service to file with the court, called a “return of service”.
Step 4 – If landlord prevails in court, the court will issue an Order of Restitution giving the Plaintiff three days to move out before the sheriff will be authorized to remove the tenant.