Utah Non-Payment of Rent Notice Overview
Utah requires a 3-day notice to pay or vacate under Utah Code §78B-6-802 before filing an unlawful detainer action. Utah's eviction process is efficient, with courts handling cases quickly and filing fees that are moderate compared to other Western states.
Utah evictions are filed in District Court or Justice Court. Salt Lake County processes the highest volume. Utah's courts move promptly, and the state has few barriers to eviction for non-payment.
3 Days
Notice period
$75
Avg. filing fee
No mandatory cure
Right to cure
2-4 wks
Court process
Utah's 3-Day Notice Requirement
Under Utah Code §78B-6-802, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply.
Utah uses a 3-day notice requiring the tenant to pay or vacate under §78B-6-802. Utah's process is fast—evictions can be completed in as little as 2-3 weeks. Salt Lake County handles the highest case volume. Utah does not have rent control, just-cause requirements, or winter moratoriums.
Utah: Fast 3-Day Process
Utah's 3-day notice counts calendar days. There is no grace period, no late fee cap, and no mandatory mediation. The entire process from notice to lockout can be completed in 2-3 weeks, making Utah one of the fastest states. Salt Lake County and Utah County have the busiest courts.
Utah Legal Requirements (Utah Code §78B-6-802)
For the notice to be valid under Utah law, it must meet specific requirements established by statute and interpreted by Utah courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Utah law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Utah Grace Period & Late Fee Rules
No statutory grace period. Understanding Utah's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
No statutory cap. Must be reasonable. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Utah law.
Utah Late Fee Quick Reference
Grace Period
No statutory grace period.
Late Fee Rule
No statutory cap.
Partial Payment
Does not cure. Utah's notice is unconditional.
Right to Cure
No mandatory cure.
How to Serve a Non-Payment Notice in Utah
Utah law specifies acceptable methods for delivering the notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Utah courts require proof of proper service before proceeding with an eviction action.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Utah courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The notice period begins when the tenant receives or signs for the mail.
File After Notice Expires
After the notice period passes without payment, file an eviction complaint in Utah District Court or Justice Court. Include the original notice and proof of service with your filing.
Utah Non-Payment Eviction Timeline
The Utah eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan appropriately and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Serve 3-Day Notice to Pay or Vacate | Day 1 |
| Notice expires | Day 4 |
| File unlawful detainer | Day 4-6 |
| Summons served (3 days before hearing) | Day 6-10 |
| Court hearing | Day 9-18 |
| Judgment entered | Day 9-18 |
| Writ of restitution executed | Day 12-24 |
Total: 2-4 weeks uncontested.
Utah Eviction Filing Fees & Costs
Filing fees for eviction actions in Utah vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court or Justice Court Filing Fee | $55 - $185 |
| Service of Process | $20 - $50 |
| Writ of Possession/Restitution | $25 - $75 |
| Attorney Fees (if hired) | $500 - $2,000 |
| Appeal (if needed) | $150 - $300 |
Sample Utah 3-Day Non-Payment Notice
Below is a preview of our Utah-specific non-payment notice. The final document includes all statutory language required under Utah Code §78B-6-802 and is formatted for Utah court proceedings.
THREE (3) DAY NOTICE TO PAY OR VACATE
STATE OF UTAH
Pursuant to Utah Code §78B-6-802
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Utah Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
UTAH STATUTORY NOTICE:
You have THREE (3) DAYS to pay the full rent of $[Amount] or vacate. If you fail, an unlawful detainer action will be filed in Utah court.