Quick Reference: Utah Eviction Requirements at a Glance

A Salt Lake City manager serves a three-day pay-or-vacate notice on a Wednesday. She counts Thursday, Friday, Saturday and files first thing Monday.

She filed before the notice had expired.

Under § 78B-6-802(1)(c), a nonpayment notice must have "remained uncomplied with for a period of three business days after service." For example, if a three-business-day nonpayment period begins after Wednesday service, Thursday, Friday and the following Monday are the three business days, assuming none is a court holiday.

Now take the same manager serving a three-day notice to quit for a nuisance. Under § 78B-6-802(1)(f), that is "a three calendar days' notice to quit." Wednesday service means Thursday, Friday and Saturday.

Utah has two different three-day clocks, and which one applies depends entirely on the ground. Nonpayment under (1)(c) runs in business days. The notices to quit under (1)(d) through (g), and the cure-or-surrender notice for other lease breaches under (1)(h), run in calendar days.

Published guidance is inconsistent because some materials reflect the former calendar-day rule, while other current summaries flatten Utah's notice periods into a single three-day rule. The current statute distinguishes the clocks by eviction ground. Get the count wrong in either direction and the notice fails.

Step 1: Nine Grounds, and the Clock That Attaches to Each

Section 78B-6-802(1) makes a tenant holding for a term less than life guilty of unlawful detainer where the tenant:

(a) Holds over after a fixed term. Continues in possession after expiration of the specified term, which "shall be terminated without notice at the expiration of the specified term or period." No notice to quit is required for a fixed lease that simply runs out.

(b) Holds over on a periodic tenancy or tenancy at will. For an indefinite letting with periodic rent reserved, where the owner served notice 15 calendar days or more before the end of that month or period. For a tenancy at will, after expiration of a notice of not less than five calendar days.

(c) Fails to pay. After default in payment of rent or other amounts due, and after a written notice requiring in the alternative payment or surrender has remained uncomplied with for three business days after service. The notice "may be served at any time after the rent becomes due."

(d) Assigns, sublets or commits waste, after service of a three calendar days' notice to quit.

(e) Sets up or carries on an unlawful business, after a three calendar days' notice to quit.

(f) Suffers, permits or maintains a nuisance, including private nuisance, after a three calendar days' notice to quit.

(g) Commits a criminal act on the premises and remains in possession after a three calendar days' notice to quit.

(h) Neglects or fails to perform any other condition or covenant, after a written notice requiring in the alternative performance or surrender, served on the tenant and on any subtenant in actual occupation, uncomplied with for three calendar days after service.

(i) A bona fide tenant under the Protecting Tenants at Foreclosure Act who remains after the effective date of a notice to vacate under section 702 of that Act.

Three drafting points that decide cases.

"In the alternative" is a requirement, not a description. Both (1)(c) and (1)(h) require a notice offering payment or surrender, or performance or surrender. A bare notice to quit for nonpayment is the wrong instrument.

The nonpayment provision applies to rent and other amounts due. Whether a particular charge qualifies as an amount due for purposes of an unlawful detainer notice can depend on the rental agreement and the nature of the charge.

And (1)(h) requires service on subtenants in actual occupation. The other-breach notice names them expressly.

A note on nuisance definitions: § 78B-6-802 cross-references § 78B-6-1107 for private nuisance, while Utah's current nuisance provisions define private nuisance in § 78B-6a-101. Read both before relying on a nuisance ground.

Because the correct notice type, its wording and its day count all follow from the ground, classification has to happen before anything is drafted. Holding the lease terms and tenancy history on one record through contracts and renewals is what makes that classification quick and defensible.

Step 2: The Right to Cure, and When It Disappears

After service of the notice and expiration of the applicable notice period, the tenant, a subtenant in actual occupation, a mortgagee of the term, or another person interested in the lease's continuance may perform the condition or covenant and save the lease from forfeiture, subject to the statute's exception for violations that cannot afterwards be performed or brought into compliance.

Two consequences. The cure right extends beyond the tenant to subtenants, mortgagees and others interested in the lease continuing, which is a wider group than most managers expect. And incurability is the gateway to the notice-to-quit grounds, so the decision to serve a (1)(d) through (g) notice rather than a cure notice rests on whether the violation can be brought into compliance.

Step 3: Serving the Notice

Section 78B-6-805 permits service by:

• Delivering a copy to the tenant personally, or for a commercial tenant, delivering a copy to the usual place of business by leaving it with a person of suitable age and discretion;

• Registered mail, certified mail, or an equivalent means, addressed to the tenant at the residence, leased property, or usual place of business;

• If the tenant is absent, leaving a copy with a person of suitable age and discretion at the residence, leased property or usual place of business; or

• Affixing a copy in a conspicuous place on the leased property. Posting is available when no person of suitable age or discretion can be found at the residence, leased property, or usual place of business.

Service on a subtenant may be made the same way.

For property-management records, retaining dated proof of the method and service can help document when and how notice was served. Because the day count starts from service, capturing the despatch date and method when the notice goes out, through workflow customization, is more reliable than reconstructing it at filing.

Step 4: The Complaint and the Three-Business-Day Summons

The complaint shall set forth the facts on which the plaintiff seeks to recover, may set out circumstances of fraud, force or violence, and may claim damages or compensation for occupation. Where the detainer is after default in payment, the complaint shall state the amount of rent due or other amounts due.

Three business days to answer. Section 78B-6-807(3)(a) gives the defendant a three-business-day appearance period from the date of service, subject to the statutory exception allowing more time if the defendant objects and the court determines the facts warrant it. A counterclaim for unlawful detainer is served under the Utah Rules of Civil Procedure, with any response due within the same timeline.

Who can be named matters too. Under § 78B-6-806(1)(a), no person other than the tenant, a lease signer, and any subtenant in actual occupation when the action is commenced may be made a party defendant, except in an abatement by eviction action for an unlawful drug house. A proceeding may not abate for the nonjoinder of a person who might have been named.

And a subtenant who arrives after the notice is not a shield. Under § 78B-6-806(2)(a), where a person becomes a subtenant after service of the notice, the fact that the notice was not served on them is not a defence. Anyone entering under the tenant after the action commences is bound by the judgment.

Step 5: What the Filing Package Needs to Carry

Utah's unlawful detainer process is not just about filing a complaint. Utah Rule of Civil Procedure 26.3 applies to all actions for eviction or damages arising out of an unlawful detainer under Title 78B, Chapter 6, Part 8, and replaces the ordinary Rule 26(a) disclosure regime.

Instead of the disclosures and timing required by Rule 26(a), and unless included in the complaint, the plaintiff must serve on the defendant with the summons and complaint a set of disclosures that includes:

• An itemised calculation of rent past due, damages, costs and attorney fees at the time of filing;

• An explanation of the factual basis for the eviction; and

• Notice to the defendant of the defendant's own disclosure obligations.

The rule also addresses witness disclosures, including the name and, if known, the address and telephone number of each fact witness the plaintiff may call at the evidentiary hearing, with a summary of expected testimony except for an adverse party.

The defendant's side has a two-day fuse. Where an evidentiary hearing is held under § 78B-6-810, the defendant must serve their disclosures no less than 2 days before the hearing, by the method most likely to be promptly received. Pretrial disclosures are due no later than 14 days before trial.

For property managers, that makes the notice, the lease, the ledger and the supporting documentation part of the same eviction file rather than separate records assembled after filing. An itemised calculation produced at filing has to reconcile to the ledger, which is why keeping charges tied to the period they belong to through collecting rent and payments matters well before anyone contemplates an eviction.

Step 6: The Possession Bond

Section 78B-6-808 is a less commonly discussed mechanism that can materially change the timeline.

At any time between the filing of the complaint and the entry of final judgment, the plaintiff may execute and file a possession bond, as a corporate bond, cash bond, certified funds, or a property bond executed by two Utah property owners who are not parties. The court approves it in the probable amount of costs of suit and damages that may result to the defendant if the suit was improperly instituted.

The plaintiff shall notify the defendant, served in the same manner as a summons, and the notice shall inform the defendant of all the alternative remedies below.

The tenant then has three options.

Pay. In an action based solely on nonpayment, the contract remains in force and the complaint shall be dismissed if the defendant, within three calendar days of service of the notice of the possession bond, pays accrued rent, all other amounts due, and other costs including attorney fees as provided in the rental agreement.

Post a counter bond. Filed before the later of three business days from service of notice of the possession bond or 24 hours after the court sets the bond amount, with the court able to allow up to 72 hours. The court approves it in the probable amount of costs, attorney fees and actual damages, and shall consider prepaid rent as a portion of the defendant's total bond.

Or demand a hearing within three days of service, to be granted within three days of the demand.

And if the tenant does nothing: the plaintiff, upon ex parte motion, shall be granted an order of restitution, and a constable or sheriff shall return possession promptly.

Note the mixed units again. The payment option runs in three calendar days; the counter bond deadline runs in three business days. Both appear in the same subsection.

If the tenant demands a hearing and loses, possession is returned promptly. If the tenant is allowed to remain and issues remain, the court shall require a counter bond and expedite all further proceedings, including beginning trial no later than 30 days from the posting of the plaintiff's bond.

Step 7: Court Procedures and the Occupancy Hearing

The court shall expedite the proceedings and shall begin the trial within 60 days after the day on which the complaint is served, unless the parties agree otherwise.

The occupancy hearing. On request of either party, the court shall hold an evidentiary hearing within 10 business days after the day the defendant files an answer or response, to determine who has the right of occupancy during the litigation's pendency. If all issues can be adjudicated without further proceedings, the court shall adjudicate them and enter judgment on the merits.

A separate expedited track applies when the claim alleges a nuisance involving an act that would be considered criminal under Utah law. The court shall hold an evidentiary hearing upon request within 10 days after the complaint is filed. The hearing is set at the time the complaint is filed, and notice is served with the summons at least three calendar days before it. If the court determines it is more likely than not that the alleged act occurred, it shall issue an order of restitution, with possession returned immediately, though the court may allow up to 72 hours.

The section defines the qualifying acts broadly: a felony; a criminal act affecting health or safety; one causing damage or loss to any tenant's or the landlord's property; a drug- or gang-related criminal act; an act or threat of violence; and any other criminal act the court determines directly impacts the safety or peaceful enjoyment of the premises by any tenant.

And default is decisive. Where the defendant fails to appear after receiving notice, the court shall issue an order of restitution and enter a judgment of default, unless it makes a finding why it should not, with possession returned immediately.

Because the occupancy hearing runs from the answer and the nuisance hearing from the filing, the case calendar has different anchors depending on the track. Keeping the notice, service, filing and answer dates on one tenancy record, as a Tenant 360 View approach does, is what makes the right hearing request possible inside a ten-day window.

Step 8: Judgment, Treble Damages and Fees

The court assesses damages resulting from forcible entry, forcible or unlawful detainer, waste during the tenancy if alleged and proved, the amounts due under the contract, and abatement by eviction of a private nuisance.

Then the multiplier. The court shall enter the judgment against the defendant for the rent and for three times the amount of the damages assessed.

Read the structure carefully: the rent, plus three times the assessed damages. It is not simply three times the rent.

Attorney fees are mandatory to the prevailing party, which cuts both ways and is a reason to be confident in the notice before filing.

Execution is immediate. On unlawful detainer, the court shall issue execution upon the judgment immediately after entry.

Forfeiture does not release the lease obligations. A forfeiture does not release a defendant from any obligation for payments on a lease for the remainder of the lease's term, subject to each party's duty to mitigate.

Two later provisions. The court may modify a judgment for additional amounts owed on a motion within 180 days of the earlier of enforcement or the defendant vacating. And the defendant shall provide a current address within 30 days of the order of restitution, with failure not shifting the burden of locating them onto the plaintiff.

Step 9: The Order of Restitution, Belongings and Pets

Section 78B-6-812 was amended in 2026, with the current version effective 1 September 2026. It contains obligations most managers have not seen.

The order directs the defendant to vacate, remove personal property and restore possession, or be forcibly removed, and advises the defendant of three calendar days after service to vacate, unless possession is returned immediately under the nuisance track, the parties agree otherwise, or the court orders otherwise on default.

A request for a hearing does not stay enforcement unless the defendant furnishes a bond approved by the court and the court orders the stay.

On enforcement, a sheriff or constable at the plaintiff's direction may enter by force using the least destructive means possible. Personal property may be removed and stored, and the sheriff or constable may delegate inventory, moving and storage to the plaintiff, who must then store it in a suitable place and in a reasonable manner.

The essential-items rule. A tenant may not access stored property until costs are paid except that the landlord, sheriff or constable shall provide reasonable access within five business days to retrieve clothing; identification; financial documents including those relating to immigration or employment status; documents pertaining to receipt of public services; and medical information, prescription medications and any medical equipment required for maintenance of medical needs.

And the personal animal rules are new. A personal animal is defined as a domestic dog, cat, rabbit, bird or other animal kept solely as a pet. Where one is on the premises:

• If the tenant is present, the sheriff or constable shall give the personal animal to the tenant;

• If the tenant is not present, the sheriff, constable or landlord shall notify the local animal control authority, which shall respond and take custody within one business day;

• The landlord shall provide animal control with the tenant's name and last known contact information; and

• Animal control shall post a notice at the premises in a visible place.

That is an affirmative landlord obligation at the moment of enforcement, and it belongs in the lockout checklist rather than being discovered on the day. Building the essential-items window and the animal control step into the turn process through service request and task management is how it gets done.

Disputes about enforcement are heard on request, set within 10 calendar days or as soon as practicable.

Step 10: What Utah Prohibits, and One Alternative That Is Not for Tenants

Self-help is unlawful. Under § 78B-6-814, it is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process, subject to the abandonment provisions.

Abandonment has its own machinery. Section 78B-6-815 presumes abandonment where the tenant has not notified the owner of an absence and fails to pay rent within 15 days after the due date with no reasonable evidence of occupancy other than personal property. It is established as a matter of law where the owner serves a declaration of abandonment in the prescribed form and the tenant fails to dispute it in writing within 24 hours, excluding Saturdays, Sundays and court holidays.

And a 2025 addition applies to trespassers, not tenants. Section 78B-6-817 lets an owner ask law enforcement to immediately remove a trespasser on a verified complaint in the statutory form. The complaint requires attesting that the occupant is not a current or former tenant of the real property under a written rental agreement authorized by the property owner, is not an immediate family member, and that no litigation is pending. Wrongful use exposes the owner to actual costs and damages, statutory damages equal to triple the fair market rent, court costs and reasonable attorney fees.

Using § 78B-6-817 against someone who is in fact a former tenant would be a serious error with a treble-damages consequence attached.

Step 11: What This Article Does Not Cover

Security deposits, Title 57 Chapter 17. See our guide to Utah security deposit laws.

Habitability and repair, the Fit Premises Act at Title 57 Chapter 22. See our guide to the Utah Fit Premises Act. Section 78B-6-802 does not itself address the interaction between a tenant's Fit Premises remedies and a nonpayment ground, so a rent abatement or repair deduction taken under § 57-22-6 should be assessed before a (1)(c) notice is served.

Licensing, Title 61 Chapter 2f. See our guide to Utah property manager licensing.

Common Utah Eviction Mistakes Property Managers Make

1. Counting a nonpayment notice in calendar days
Section 78B-6-802(1)(c) requires three business days after service.

2. Counting a notice to quit in business days
Sections 78B-6-802(1)(d) through (g) specify three calendar days.

3. Counting an other-breach cure notice in business days
Section 78B-6-802(1)(h) specifies three calendar days after service.

4. Serving a bare notice to quit for nonpayment
Subsections (1)(c) and (1)(h) require a notice in the alternative.

5. Serving a periodic termination too late
Subsection (1)(b)(i) requires 15 calendar days or more before the end of the period.

6. Serving notice on a fixed term that simply expired
Under (1)(a) the term is terminated without notice at expiration.

7. Not serving subtenants in actual occupation on an other-breach notice
Subsection (1)(h) requires it expressly.

8. Assuming a post-notice subtenant defeats the case
Section 78B-6-806(2)(a) says the failure to serve them is not a defence.

9. Posting the notice first
Posting is available where no person of suitable age or discretion can be found.

10. Filing without the Rule 26.3 disclosures
They are served with the summons and complaint unless included in the complaint.

11. Overlooking the possession bond
Available at any time between filing and final judgment, and if the tenant does not respond the plaintiff shall be granted an order of restitution on ex parte motion.

12. Confusing the possession bond deadlines
Payment runs three calendar days; the counter bond runs three business days, or 24 hours after the court sets the amount, whichever is later.

13. Missing the occupancy hearing window
Section 78B-6-810(2) provides for a hearing within 10 business days after the answer, on request.

14. Not requesting the nuisance hearing at filing
Section 78B-6-810(3) sets it within 10 days of filing, with notice served with the summons at least three calendar days before.

15. Assuming forfeiture ends the tenant's obligations
Section 78B-6-811(1)(d) preserves them for the remainder of the term, subject to mitigation.

16. Reading the judgment as three times the rent
It is the rent plus three times the assessed damages.

17. Forgetting the five-business-day essential-items access
Section 78B-6-812(4)(c) lists clothing, identification, financial and immigration documents, public-service documents and medical items.

18. Not planning for a personal animal at the lockout
Section 78B-6-812(4)(f) requires notifying animal control, providing the tenant's contact details, and a posted notice.

19. Using the trespasser procedure against a former tenant
Section 78B-6-817 excludes current or former tenants under a written rental agreement.

Conclusion

Utah's eviction process is fast, but the speed is only available to a landlord who gets the front end exactly right.

• Two three-day clocks, decided by the ground. Nonpayment under § 78B-6-802(1)(c) runs three business days. The notices to quit under (1)(d) through (g) and the other-breach cure notice under (1)(h) run three calendar days. Published guidance is inconsistent on this, which is the most reliable source of defective notices in the state.

• Three business days to answer, subject to the defendant objecting and the court allowing more time, with Rule 26.3 disclosures served alongside the summons and complaint.

• And the possession bond is the mechanism worth knowing. Filed at any time before final judgment, it forces the tenant to pay in three calendar days, post a counter bond in three business days, or demand a hearing in three days. Do nothing, and the plaintiff shall be granted an order of restitution on ex parte motion.

• The judgment is the rent plus three times the assessed damages, with costs and reasonable attorney fees to the prevailing party and execution issued immediately.

For teams managing Utah portfolios in Salt Lake City, Provo, Ogden or St George, the eviction file rests on four decisions made before anything is served: which subsection the ground falls under, whether the violation is curable, whether the notice must be in the alternative, and which day count applies. Everything after that is procedure. Those four are where cases are lost.

This blog is for informational purposes only and does not constitute legal advice. Utah eviction procedure sits at Utah Code Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, at §§ 78B-6-801 through 78B-6-817, with disclosure requirements in Utah Rule of Civil Procedure 26.3. Several provisions in Part 8 have been amended in 2025 and 2026, including provisions governing notices, service, court procedure, judgments, appeals and orders of restitution. Because some amendments have different effective dates, property managers should verify the current Utah Code and Utah State Courts forms before serving a notice or filing an action. Section 78B-6-801 also provides that from 1 January 2027 "constable" includes an individual licensed under Title 58, Chapter 91. Section 78B-6-802 cross-references § 78B-6-1107 for private nuisance, while Utah's current nuisance provisions define private nuisance in § 78B-6a-101; read both before relying on a nuisance ground. Mobile home park tenancies are determined under Title 57, Chapter 16. Security deposits sit at Title 57, Chapter 17 and habitability at Title 57, Chapter 22. Verify the current statutory text with the Utah Legislature and confirm current forms, filing courts and fees with the Utah State Courts. Consult a licensed Utah attorney for guidance specific to your portfolio.

Frequently Asked Questions

Q1. Is a Utah three-day notice counted in business days or calendar days?
Both, depending on the ground. Nonpayment under § 78B-6-802(1)(c) runs three business days after service. The notices to quit under (1)(d) through (g) and the other-breach cure notice under (1)(h) run three calendar days.

Q2. When can a nonpayment notice be served?
Section 78B-6-802(1)(c) provides that the notice may be served at any time after the rent becomes due.

Q3. How long does a tenant have to respond to the summons?
Three business days from the date of service, under § 78B-6-807(3)(a), unless the defendant objects and the court determines the facts should allow more time.

Q4. What must be served with the complaint?
Under Utah Rule of Civil Procedure 26.3(b)(1), unless included in the complaint, the plaintiff must serve specified disclosures with the summons and complaint, including an itemised calculation of rent past due, damages, costs and attorney fees at the time of filing, and an explanation of the factual basis for the eviction.

Q5. What notice ends a month-to-month tenancy in Utah?
Notice to quit served 15 calendar days or more before the end of the month or period, under § 78B-6-802(1)(b)(i). A tenancy at will requires not less than five calendar days.

Q6. What is a possession bond?
Under § 78B-6-808, a bond the plaintiff may file at any time before final judgment. The tenant must then pay within three calendar days, file a counter bond within three business days, or demand a hearing within three days. If the tenant does none of these, the plaintiff is granted an order of restitution on ex parte motion.

Q7. What damages can a Utah landlord recover?
Under § 78B-6-811(3), judgment for the rent and for three times the amount of the damages assessed, with costs and reasonable attorney fees to the prevailing party.

Q8. What happens to the tenant's pet at a lockout?
Under § 78B-6-812(4)(e) and (f), if the tenant is present the personal animal is given to them. If not, animal control must be notified and take custody within one business day, the landlord provides the tenant's contact details, and a notice is posted at the premises.