Utah eviction notices and how to count them
Utah’s unlawful detainer statute, Utah Code 78B-6-802 (as amended by Laws of Utah 2026, ch. 401, effective May 6, 2026), sets a different notice for each ground. Watch the difference between business days and calendar days, because using the wrong one is an easy way to lose a case.
- Nonpayment: a written notice to pay the rent and other amounts due or surrender the premises, which the tenant has three business days after service to obey. It can be served any time after rent is due (802(1)(c)).
- Other lease violations: a written notice to perform the condition or covenant or surrender, with three calendar days after service to comply (802(1)(h)).
- No-cure grounds: three calendar days’ notice to quit for assigning or subletting in breach of the lease, waste, an unlawful business, a nuisance or a criminal act on the premises (802(1)(d) to (g)).
- Month-to-month or other periodic tenancy: notice served at least 15 calendar days before the end of the period ends the tenancy at the end of that period (802(1)(b)(i)).
- Tenancy at will: at least five calendar days’ notice (802(1)(b)(ii)).
- Fixed term: the tenancy ends at expiration without notice (802(1)(a)).
Serving the notice and the tenant’s right to cure
Under 78B-6-805, you may serve a notice by handing it to the tenant, by registered or certified mail, by leaving it with a person of suitable age and discretion at the residence if the tenant is absent, or, if no such person can be found, by posting it in a conspicuous place on the property. Subtenants are served the same way.
Section 802(2) lets the tenant, a subtenant in occupancy, a mortgagee of the term or anyone else interested in the lease cure the default after the notice period and save the lease from forfeiture. Where the violation can’t be undone, the no-cure notices for waste, nuisance, unlawful business or criminal acts apply instead.
Utah has no statewide just-cause rule. Our Utah landlord-tenant law guide covers deposits, fees and entry.
Utah’s own reading of the CARES Act
Utah wrote the federal 30-day notice into its eviction statute and narrowed it. Section 4024(c) of the CARES Act, 15 U.S.C. 9058(c), bars a landlord of a covered property, one with a federally backed mortgage or in a covered federal housing program, from requiring a tenant to vacate until 30 days after a notice. The 120-day moratorium ended in 2020; the 30-day text remains, and courts nationally have split on whether it still applies.
Utah Code 78B-6-802(5) says the 30-day requirement applies only to covered dwellings, only to the time before a tenant can be removed by an order of restitution, and, for a nonpayment notice, only when the unpaid rent accrued during the 2020 moratorium. It does not give the tenant more than three business days to pay and doesn’t apply to notices for other violations. Owners of covered buildings may still choose to give 30 days, since a federal court is not bound by the state’s reading.
Filing, service and the three-day answer
Evictions are filed in district court. The complaint must state the facts and, for nonpayment, the amount of rent and other amounts due, and it may claim damages for the occupation (78B-6-807). The summons gives the tenant three business days from service to appear and defend, unless the tenant objects and the court allows more time.
Under 78B-6-808, you may also file a possession bond at any point before final judgment. The tenant then has three calendar days after notice of the bond to pay all rent, other amounts and costs, including attorney fees under the lease, and keep the tenancy; to post a counter bond within three business days; or to demand a hearing, which must be held within three days. A tenant who does none of those faces an order of restitution on your ex parte motion.
Hearings, trial and default
Utah courts must expedite evictions when the tenant is still in possession. Under 78B-6-810, as amended in 2025, either party can request an evidentiary hearing within 10 business days after the tenant files an answer, and the court decides who has the right of occupancy while the case is pending. If everything can be resolved there, the court enters judgment on the merits. Trial must begin within 60 days after the complaint is served unless the parties agree otherwise.
For a nuisance claim alleging a criminal act, such as a felony, drug or gang activity or a threat of violence, the court holds a hearing on request within 10 days after filing. If it finds the act more likely than not occurred, it issues an order of restitution and the sheriff or constable returns possession immediately, or within up to 72 hours if the court allows.
A tenant who receives notice of a hearing and doesn’t appear gets an order of restitution and a default judgment, unless the court explains why not (810(4)). File a servicemember affidavit before any default, as 50 U.S.C. 3931 requires.
Judgment, treble damages and the order of restitution
The judgment includes an order of restitution and, for nonpayment or a lease violation, declares the lease forfeited (78B-6-811). The court assesses damages for the unlawful detainer, waste and amounts due under the lease, and enters judgment for the rent plus three times those damages, along with costs and reasonable attorney fees to the prevailing party. Forfeiture doesn’t release the tenant from rent for the rest of the term, though both sides still have to mitigate. Execution issues immediately.
The order of restitution, under 78B-6-812, tells the tenant to vacate within three calendar days after service, unless the parties agree otherwise or the court ordered immediate removal. It must be served with a form to request a hearing on the manner of enforcement, and a request doesn’t stop enforcement unless the tenant posts a bond and the court orders a stay. After the deadline, a sheriff or constable may enter by force, using the least destructive means.
Removed belongings go to storage. Within five business days, the tenant must get reasonable access to clothing, identification, financial and medical documents, medications and medical equipment. A pet goes to the tenant if present; otherwise, animal control is called and must respond within one business day.
Self-help is unlawful in Utah
Utah Code 78B-6-814 makes it unlawful for an owner to willfully exclude a tenant in any manner except by judicial process. The one exception is a unit the tenant has abandoned, where the owner may remove the contents under 78B-6-816 and re-rent. Changing the locks to keep a tenant out is exactly what the statute forbids, whatever the tenant owes.
Utah eviction timeline
The table follows a nonpayment case from notice to removal.
| Step | Deadline | Rule |
|---|---|---|
| Notice to pay or vacate | 3 business days after service | Utah Code 78B-6-802(1)(c) |
| Notice to comply or vacate | 3 calendar days | 78B-6-802(1)(h) |
| Month-to-month termination | 15 calendar days before period ends | 78B-6-802(1)(b)(i) |
| Answer to summons | 3 business days after service | 78B-6-807(3) |
| Possession bond response | 3 calendar days to pay; 3 business days to counter-bond | 78B-6-808(4) |
| Occupancy hearing on request | Within 10 business days after answer | 78B-6-810(2) |
| Trial | Within 60 days after service of complaint | 78B-6-810(1)(b) |
| Order of restitution | Tenant has 3 calendar days after service | 78B-6-812(2) |
| Access to essentials after removal | Within 5 business days | 78B-6-812(4)(c) |
| Motion for added damages | 180 days after removal or move-out | 78B-6-811(5) |
Worked example: one nonpaying unit in Salt Lake City
Assume a 16-unit building in Salt Lake City, a unit renting for $1,450, rent due Monday, March 1, 2027, and an assumed $1,200 attorney fee. The tenant pays nothing.
You serve the notice to pay or vacate on Tuesday, March 2. The three business days run March 3 to 5, so the complaint is filed and served Monday, March 8. The three business days to answer end Thursday, March 11. On Friday, March 12, the court enters a default and an order of restitution, served that day. The tenant’s three calendar days end Monday, March 15, and the sheriff or constable can remove the tenant on Tuesday, March 16.
That is 15 days from the due date. At $47.67 a day ($1,450 × 12 ÷ 365), lost rent is $715, and with the attorney fee the case costs $1,915 before court and service fees. If the tenant answers and asks for an occupancy hearing, add up to 10 business days.
| Item | Amount |
|---|---|
| Lost rent, 15 days at $47.67 | $715 |
| Attorney fee (assumed) | $1,200 |
| Total before court fees | $1,915 |
Alternatives to filing
Utah’s short notice periods leave little room to negotiate once the case starts, so talk early. A written payment plan suits a tenant with a temporary problem; set dates and say what happens on a missed payment. Cash for keys, a payment for leaving by a fixed date, can cost less than a contested case that runs to trial within the 60-day window.
Selling a Utah building with a pending eviction
You can sell while a case is pending. Leases stay with the building, and the buyer takes over your rights, so it can continue the case, settle it or file a new one. Give the buyer the notices with proof of service, the ledger, the complaint and any order of restitution, and collect tenant estoppel certificates. Since 78B-6-811(5) allows a motion for added damages within 180 days, agree in the contract on who keeps any money judgment.
Selling your Utah apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units across Utah with tenants in place, including buildings with nonpaying tenants, notices already served or cases in district court. We price those units into the offer, so you don’t have to see the case through first.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
