What Type of Eviction Notice Should be Served?

There are at least 5 different kinds of eviction notices in Utah:

1. 3-Day Notice to Pay or Vacate.  The most common is the 3-Day Notice to Pay or Vacate. This is used when a tenant has failed to pay rent. From the day the notice is served, the tenant has 3 calendar days to pay all rent due or leave the property. If the tenant pays all the rent due within the 3 days, the landlord cannot evict. If the tenant leaves the property, the landlord does not have to evict, obviously, but can still pursue the tenant in court for any amount due under the lease.

2. Notice of Lease Termination/Notice of Non-Renewal of Lease.  The second type of notice is technically not an eviction notice because the landlord is not kicking the tenant out for having done something wrong. The landlord is just notifying the tenant that the lease is going to expire that the landlord is not going to renew it. Written leases often have a notice provision that requires either party to give notice a certain amount of days before the lease expires. If a tenant is living in a property on a month-to-month tenancy, and the lease does not specify a notice time frame, Utah Code requires that the landlord give the notice 15 days before the end of the month. This means, for example, that if the landlord gives notice on September 20 to have the tenant vacate by September 30, the notice will be insufficient; the tenant will be able to stay until the end of October.

3. 5-Day Notice to Terminate Tenancy at Will.  The third type of notice is not very common. It is given only to a tenant at will. A tenant at will is someone who does not have and never did have permission to live in a property. Hence the phrase, at will. For example, sometimes a tenant will allow a guest to live at the residence without the landlord’s permission. A good way to get rid of the guest is to serve a 5-Day Notice to Terminate Tenancy at Will, and then to go to court if he or she does not leave.

4. 3-Day Notice to Comply or Vacate.  This type of notice is given when a tenant has been doing something in violation of the lease and/or permitting the occurrence of a nuisance. If the tenant ceases the unwanted behavior within the 3 days, the landlord cannot evict.

5. 3-Day Notice to Vacate.  Sometimes the tenant has done something in violation of the lease that cannot be fixed or stopped. A common example is when a tenant commits a crime. In these instances the landlord can serve the tenant with a 3-Day Notice to Vacate, and the tenant has to leave within those three days or will be unlawfully detaining the property.

See Utah Code 78B-6-802 Unlawful Detainer by Tenant for a term less than life.

This Article provides general information only and should not be considered legal advice. Please consult a professional regarding your specific situation.