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🏛️ Courthouse Information and Locations for Utah

Utah Eviction Laws: Notice Requirements, Process, and Timelines

Utah handles evictions through District Court or Justice Court using “Unlawful Detainer” proceedings governed by Utah Code Title 78B, Chapter 6, Part 8 (§§ 78B-6-801 through 78B-6-816). Utah has one of the fastest eviction processes in the country with tight timelines: 3-day notices, 3-business-day tenant response period, and 3 calendar days to vacate after judgment. A unique feature is the possession bond option that can accelerate the process significantly. Utah also allows treble damages (triple rent) for each day a tenant remains after notice expires. Total timeline is typically 3-6 weeks. Below you’ll find everything landlords need to know.

Utah Eviction Laws

Comprehensive guide to Utah's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court or Justice Court - Unlawful Detainer (Utah Code § 78B-6-801 to 816).

⚡ Quick Overview

3 business days
Days Notice (Nonpayment)
3 calendar days (all violations)
Days Notice (Violation)
14-30
Avg Total Days
$$90-375 (varies by claim amount and court)
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Pay Rent or Quit (3 business days)
Notice Period 3 business days days
Tenant Can Cure? Yes - tenant can pay all rent within 3 business days to stop eviction
Days to Hearing 3-10 (tenant has 3 days to answer; occupancy hearing within 10 days of answer) days
Days to Writ 3 days after Order of Eviction served (Order of Restitution) days
Total Estimated Timeline 14-30 days
Total Estimated Cost $200-600
⚠️ Watch Out

3 BUSINESS days (not calendar) for nonpayment notice. No statutory grace period. TREBLE DAMAGES: If tenant found in unlawful detainer, court may award landlord up to 3x damages (§ 78B-6-811) including trebled daily rent for each day of holdover. POSSESSION BOND option: landlord can file possession bond to get expedited return of premises; tenant then has 3 days to pay all rent to dismiss OR post counter-bond OR demand 3-day hearing (§ 78B-6-808). If tenant does nothing after possession bond = Order of Restitution issued immediately. NEW 2025: HB 182 requires 60-day notice for rent increases over 10%. HB 480 allows electronic security deposit returns; tenant can retrieve essential items (IDs, medicine) within 5 business days after eviction. Acceptance of partial rent does NOT waive landlord's right to pursue eviction (§ 799.40).

📜 Eviction Laws Main 📊 Compare This State

📋 Lease Violation

Notice Type 3-Day Notice to Cure or Quit (curable) / 3-Day Unconditional Quit (criminal/subletting/non-curable)
Notice Period 3 calendar days (all violations) days
Tenant Can Cure? Yes for curable violations (3 days to cure); No for criminal activity, subletting, nuisance, willful damage (3-day unconditional quit)
Days to Hearing 3-10 (3 days to answer; hearing within 10 days) days
Days to Writ 3 days after Order of Eviction days
Total Estimated Timeline 14-30 days
Total Estimated Cost $200-600
⚠️ Watch Out

3-day notice for ALL lease violations. Curable: tenant has 3 calendar days to fix. Non-curable (no cure): subletting/assigning without permission (§ 802(d)), criminal activity (§ 802(e)), nuisance (§ 802(f)), willful substantial damage (§ 802(g)). TREBLE DAMAGES for holdover: court can award 3x daily rent for each day tenant remains after notice expires. If lease requires mediation, tenant must notify in writing within 3 days. Month-to-month: 15-day notice. Week-to-week: 5-day notice at-will.

📜 Eviction Laws Main 📊 Compare This State

📬 Service of Process

Service Methods Personal delivery; leaving with person of suitable age + mailing; posting on premises + mailing (§ 78B-6-805)
Proof Required Yes - affidavit of service
Posting Allowed Yes - post on premises + mail if personal delivery fails
Service of Process Fee $25-75
📝 Service Notes

For notice: landlord can serve. For court summons: sheriff, constable, or licensed process server. Tenant has 3 days to answer summons. Evidence must be exchanged 2 days before hearing.

🏛️ Court & Legal Information

Court District Court or Justice Court - Unlawful Detainer (Utah Code § 78B-6-801 to 816)
Filing Fee (Approx) $$90-375 (varies by claim amount and court)
Attorney Required No for individuals; entities (non-DBA) need attorney representation
Attorney Recommended Yes
Mandatory Mediation If lease requires mediation, tenant must notify within 3 days of notice; mediation within 7 days
Jury Trial Available Yes - either party may request
Recover Attorney Fees Yes - if lease provides and landlord prevails; treble damages possible (§ 78B-6-811)
Recover Back Rent (Same Filing) Yes - rent due through end of lease term (less mitigation) + damages
Recover Costs from Tenant Yes - court costs + attorney fees + treble damages possible
Default Judgment Available Yes - if tenant fails to answer within 3 days
Default Judgment Timeline After 3-day answer period; landlord requests default + Order of Eviction
Statute Citation Utah Code § 78B-6-802(1)(c); § 78B-6-807; § 78B-6-808; § 78B-6-811
Self-Help Eviction Allowed No - prohibited (§ 78B-6-814)
Local Overrides Common Limited - Salt Lake City has some additional protections
🕐 Common Delays

Possession bond countermeasures; tenant answer + occupancy hearing; mediation if lease requires; appeal

🔗 Official Court Website 📜 State Statutes

⚖️ Appeals & Post-Judgment

Appeal Window 10 (justice court to district court); 30 (district court) days
Appeal Stays Eviction Court may stay execution pending appeal if tenant posts bond
Tenant Pay and Stay Yes - tenant can pay all rent within 3 business day notice period; also can pay within 3 days of possession bond filing to dismiss (§ 78B-6-808(4))
Tenant Auto-Continuance No automatic; occupancy hearing within 10 days of answer; limited continuances in eviction
Writ Executed By Sheriff or constable
Writ Execution Timeline Order of Eviction gives tenant 3 calendar days to vacate; then sheriff/constable enforces with minimum force
Writ Execution Fee $50-100
🔒 Lockout Procedure

Sheriff/constable executes Order of Eviction; tenant has 3 days to vacate; then physical removal with minimum force

📦 Tenant Property & Abandonment

Abandonment Period Not specified in statute; landlord can remove after eviction days
📋 Abandonment Rules

After sheriff executes Order of Eviction, landlord can remove property. NEW 2025 (HB 480): tenant has right to retrieve essential items (IDs, medication, documents) within 5 business days after eviction. No specific storage requirement beyond essential items.

🏦 Security Deposits

Return Deadline 30 days
Maximum Deposit No statutory cap
📝 Deposit Details

30-day return with itemized deductions. No interest required. No separate account required. Lease must state if any portion is nonrefundable. NEW 2025 (HB 480): landlord may return deposit electronically with tenant consent. Deductions: unpaid rent, damages beyond normal wear/tear, cleaning, lease-specified costs.

💵 Late Fees

Late Fee Cap No statutory cap
📝 Late Fee Rules

No state limit. No mandatory grace period. Must be in lease. NEW 2025 (HB 182): landlord must give 60 days notice for rent increases over 10%. Landlords with 4+ units must disclose screening criteria and give denied applicants reasons (HB 480).

🛡️ Tenant Protections

Retaliatory Eviction Protection Yes (§ 57-22-5.1)
Retaliation Window Not specified; tenant must prove retaliatory motive
Rent Control No - state preemption
📝 Rent Control Details

No rent control. State preempts local rent control. NEW 2025: 60-day notice required for rent increases over 10% (HB 182). 15-day notice for month-to-month termination.

COVID Protections Active No
Fair Housing (State Additions) Source of income (limited); sexual orientation and gender identity (Salt Lake City only - not statewide)

🏙️ Local Overrides & City-Specific Rules

Cities with Overrides Salt Lake City; Provo; Ogden
📝 Local Override Details

State preempts rent control. Salt Lake City has good landlord program and additional tenant resources. Utah Fit Premises Act (§ 57-22) applies statewide.

Underground Landlord

📝 Utah Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the District Court or Justice Court - Unlawful Detainer (Utah Code § 78B-6-801 to 816). Pay the filing fee (~$$90-375 (varies by claim amount and court)).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.

🏛️ Courthouse Information and Locations for Utah

📊 Data Confidence

ℹ️ Notes

ℹ️ HB 182/480 (2025) effective May 7, 2025 - 60-day notice for >10% rent increase; electronic deposit returns; post-eviction essential item retrieval | ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity | ℹ️ No specific statutory timeline for tenant property abandonment - follow general property law principles

⚠️ Disclaimer: This page provides general information about Utah eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Utah attorney or local legal aid organization.
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Disclaimer: This is general educational information, not legal advice. Consult a qualified Utah attorney for specific legal guidance.

Governing Law and Court System

Utah evictions are governed by:

Courts: District Court or Justice Court in the county where the property is located.

Filing fees: $90-$375 depending on amount claimed (Utah Code § 78A-2-301).

Online filing: Utah’s Online Court Assistance Program (OCAP) allows electronic preparation and filing of eviction documents.

Self-Help Eviction Prohibited

Self-help evictions are strictly illegal in Utah. Landlords cannot:

Only a sheriff or constable can remove a tenant after court order. Self-help evictions can result in significant civil damages.

Legal Grounds for Eviction

Landlords may evict for (Utah Code § 78B-6-802):

Notice Requirements by Violation Type

Nonpayment of Rent: 3-Business-Day Notice

(Utah Code § 78B-6-802(1)(c))

Lease Violations: 3-Calendar-Day Notice to Cure or Quit

For curable violations:

(Utah Code § 78B-6-802(1)(h))

Unconditional Notice to Quit: 3-Calendar-Day (No Cure)

For serious violations where cure is not allowed:

(Utah Code § 78B-6-802(1)(d-g))

Month-to-Month Termination: 15-Day Notice

For terminating periodic tenancy without cause:

(Utah Code § 78B-6-802(1)(e), § 78B-6-802.5)

At-Will Tenancy: 5-Day Notice

Holdover After Lease Expiration

Lease Mediation Provision

If lease requires mediation:

Serving the Eviction Notice

Notice may be served by any person 18 years or older:

(Utah Code § 78B-6-805)

Keep proof of service – essential for court.

Filing the Unlawful Detainer Complaint

After notice period expires without compliance:

  1. File Complaint for Unlawful Detainer with District Court or Justice Court
  2. Pay filing fee ($90-$375 based on claim amount)
  3. Court issues Summons

Service of Summons and Complaint

Summons must be served by:

Landlord cannot serve summons personally.

Service fee: $20 + $2.50 per mile traveled (Utah Code § 17-22-2.5).

Tenant Response: 3 Business Days

After service:

(Utah Code § 78B-6-807)

Possession Bond Option

Utah offers an accelerated process via possession bond:

This option significantly speeds up the process when landlord believes tenant won’t contest.

(Utah Code § 78B-6-808)

Occupancy/Evidentiary Hearing

If tenant files Answer:

(Utah Code § 78B-6-810)

Landlord should bring:

Judgment

If landlord wins:

Appeal: Either party has 10 days to appeal the decision.

(Utah Code § 78B-6-812, § 78B-6-813)

Treble Damages

Utah allows landlords to recover three times certain damages (Utah Code § 78B-6-811):

Order of Restitution (Writ of Restitution)

After judgment for landlord:

(Utah Code § 78B-6-812)

Sheriff Enforcement

After 3-day period on Order of Restitution:

Abandoned Property

After eviction:

(Utah Code § 78B-6-816)

Tenant Defenses

Special Situations

Subsidized Housing/Government Programs

Mobile Homes

Federally-Backed Properties

Typical Timeline (Uncontested)

Best Practices for Utah Landlords

Quick Reference: Utah Eviction Rules

Bottom line: Utah offers landlords one of the fastest eviction processes in the nation. The standard notice is 3 days (business days for nonpayment, calendar days for other violations). Month-to-month termination requires only 15 days’ notice. The possession bond option can accelerate the process significantly. Tenant has only 3 business days to respond to summons—failure means default judgment. After judgment, tenant gets 3 calendar days to vacate before sheriff enforcement. Utah allows treble damages for rent during the period tenant remains after notice expires. Never accept partial rent after serving notice. Only sheriff/constable can execute eviction. Store abandoned property 15 days.