How much notice does a Utah landlord have to give before
evicting a month-to-month residential tenant?
Utah Code Ann. 78B-6-802 governs the length of time required for a
residential landlord to give as notice to a residential month-to-month
(or periodic) tenant before beginning an
eviction proceeding. Under
this section of the Utah Code, a residential landlord
must serve formal notice on a month-to-month tenant at least 15 days
prior to the end of the rental month. Note that the term
"month" does not refer to a calendar month, but instead means the end
of any periodic repeating rental term. Utah law considers a
renter to be a periodic or month-to-month renter when the lease
agreement does not specify a definite date upon which the rental period
will end, but instead contemplates a repeating or periodic rental.
The contents of the notice must inform the tenant that she/he is
required to "quit" the premises (vacate the premises) at the end of the
rental period. If, after being given a formal notice to quit,
a tenant remains in possession of the premises after the end of the
rental period, an action for unlawful detainer (eviction) may be filed
against the tenant.
Landlords are not allowed under Utah law to engage in self-help
remedies (e.g., removing the tenant's property, changing the locks,
etc.). Attempting to evict a tenant without following the
required legal process can subject a landlord to legal penalties.
Consultation with a Utah
attorney
is strongly advised before proceeding with any eviction case.
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