🏛️ 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
💰 Nonpayment of Rent
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).
📋 Lease Violation
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.
📬 Service of Process
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
Possession bond countermeasures; tenant answer + occupancy hearing; mediation if lease requires; appeal
⚖️ Appeals & Post-Judgment
Sheriff/constable executes Order of Eviction; tenant has 3 days to vacate; then physical removal with minimum force
📦 Tenant Property & Abandonment
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
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
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
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.
🏙️ Local Overrides & City-Specific Rules
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)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- 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)).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Utah
📊 Data Confidence
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
Underground Landlord
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:
- Utah Code § 78B-6-801 to 78B-6-816: Forcible Entry and Detainer (Unlawful Detainer)
- Utah Code Title 57: Real Estate (landlord-tenant provisions)
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:
- Change locks
- Turn off utilities
- Remove tenant’s belongings
- Harass tenant
- Block tenant from entering unit
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):
- Nonpayment of rent
- Lease violations
- Committing waste (substantial property damage)
- Illegal activity
- Unauthorized subletting or assignment
- Nuisance
- Holdover after lease expiration
- End of month-to-month tenancy (no cause)
Notice Requirements by Violation Type
Nonpayment of Rent: 3-Business-Day Notice
- 3 business days to pay or quit
- No grace period required by state law
- Notice must state exact amount of unpaid rent
- Notice must state date lease will terminate if not paid
- Tenant can cure by paying full amount within notice period
(Utah Code § 78B-6-802(1)(c))
Lease Violations: 3-Calendar-Day Notice to Cure or Quit
For curable violations:
- 3 calendar days to cure or quit
- Notice must describe the breach
- Notice must state what’s required to cure
- Notice must state termination date if not cured
(Utah Code § 78B-6-802(1)(h))
Unconditional Notice to Quit: 3-Calendar-Day (No Cure)
For serious violations where cure is not allowed:
- 3 calendar days to vacate
- No cure right
- Applies to:
- Illegal activity
- Committing waste (substantial damage)
- Unauthorized subletting/assignment
- Nuisance
- Criminal activity on premises
(Utah Code § 78B-6-802(1)(d-g))
Month-to-Month Termination: 15-Day Notice
For terminating periodic tenancy without cause:
- 15 days’ written notice before next rent period
- No reason required
- Lease may specify longer notice period
(Utah Code § 78B-6-802(1)(e), § 78B-6-802.5)
At-Will Tenancy: 5-Day Notice
- 5-day notice required
Holdover After Lease Expiration
- No additional notice required after lease naturally expires
- Can proceed directly to filing if tenant refuses to leave
Lease Mediation Provision
If lease requires mediation:
- Tenant must notify landlord in writing within 3 days of willingness to mediate
- Mediation must occur within 7 days of notification
- Failure to participate allows landlord to proceed with eviction
Serving the Eviction Notice
Notice may be served by any person 18 years or older:
- Personal delivery to tenant
- Delivery to co-tenant of suitable age
- If no one available: posting in conspicuous place (usually door) AND certified/registered mail
(Utah Code § 78B-6-805)
Keep proof of service – essential for court.
Filing the Unlawful Detainer Complaint
After notice period expires without compliance:
- File Complaint for Unlawful Detainer with District Court or Justice Court
- Pay filing fee ($90-$375 based on claim amount)
- Court issues Summons
Service of Summons and Complaint
Summons must be served by:
- Sheriff, constable, or U.S. Marshal
- Licensed private investigator
- Any person over 18 not involved in case
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:
- Tenant has 3 business days to file written Answer
- Answer must address allegations and raise defenses
- Failure to answer = default judgment for landlord
- Tenant may request extension for good cause
(Utah Code § 78B-6-807)
Possession Bond Option
Utah offers an accelerated process via possession bond:
- Landlord can file possession bond anytime after complaint but before final judgment
- Bond covers potential tenant damages if eviction is wrongful
- If tenant doesn’t respond within 3 days, landlord gets immediate Order of Restitution
- Tenant can file counter-bond (typically 2-3 months’ rent) to stay and contest
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:
- Hearing scheduled within 10 business days of Answer
- Either party can request hearing
- Purpose: determine right to occupancy while case proceeds
(Utah Code § 78B-6-810)
Landlord should bring:
- Lease agreement
- Notice with proof of service
- Rent ledger/payment records
- Photos, repair receipts, police reports
- Witness testimony
Judgment
If landlord wins:
- Court issues Judgment for Possession
- May include treble damages (triple rent for each day after notice expired)
- May include unpaid rent, late fees, attorney fees, court costs
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):
- Rent is trebled for each day tenant remains after notice expiration
- Damages for waste can be trebled
- Damages for unlawful detainer can be trebled
- Attorney fees and court costs NOT trebled
Order of Restitution (Writ of Restitution)
After judgment for landlord:
- Court issues Order of Restitution
- Must be served by sheriff, constable, or private investigator
- Tenant has 3 calendar days to vacate after service
- For illegal activity: immediate removal possible
(Utah Code § 78B-6-812)
Sheriff Enforcement
After 3-day period on Order of Restitution:
- Sheriff/constable returns to physically remove tenant
- Can forcibly enter if necessary
- Tenant’s belongings may be removed
- Only law enforcement can execute removal—never landlord
Abandoned Property
After eviction:
- Landlord must store tenant’s belongings for 15 days
- Must provide written notice explaining how to reclaim
- After 15 days, may sell or dispose of property
- If tenant has pets and is not present, sheriff contacts animal control
(Utah Code § 78B-6-816)
Tenant Defenses
- Improper notice: Wrong type, insufficient time, improper service
- Payment: Rent was paid or tendered
- Habitability: Landlord failed to maintain premises
- Retaliation
- Discrimination
- Procedural errors
Special Situations
Subsidized Housing/Government Programs
- May require 30-day notice instead of 3 days
- Additional federal protections may apply
Mobile Homes
- Different rules apply under Utah Mobile Home Park Residency Act
- If tenant owns mobile home but rents space, special protections apply
Federally-Backed Properties
- Properties with Fannie Mae/Freddie Mac loans may have extra protections
- CARES Act properties may require additional notice
Typical Timeline (Uncontested)
- Notice period: 3 days (business or calendar depending on type)
- Filing and service: 1-5 days
- Tenant answer period: 3 business days
- Hearing (if contested): Within 10 business days
- Order of Restitution served: 1-3 days
- Vacate period: 3 calendar days
- Sheriff enforcement: Day 4+
- Total (uncontested): 3-4 weeks
- With possession bond: Can be faster
- Contested: 4-8+ weeks
Best Practices for Utah Landlords
- Use correct notice type for specific violation (3-day business vs. 3-day calendar)
- State exact amount owed in nonpayment notice
- Keep proof of service for all notices
- Consider possession bond for faster resolution when tenant unlikely to contest
- Don’t accept partial rent after serving notice—may invalidate the process
- Use OCAP (Online Court Assistance Program) for document preparation
- Bring all documentation to court hearing
- Only sheriff/constable can execute eviction—never self-help
- Store abandoned property 15 days before disposal
- Document property condition at move-out
Quick Reference: Utah Eviction Rules
- Nonpayment notice: 3 business days
- Lease violation notice (curable): 3 calendar days
- Unconditional notice (incurable): 3 calendar days
- Month-to-month termination: 15 days
- At-will termination: 5 days
- Tenant answer period: 3 business days
- Hearing (if answer filed): Within 10 business days
- Appeal period: 10 days
- Order of Restitution vacate period: 3 calendar days (or immediate for illegal activity)
- Treble damages: Available for rent after notice expires
- Abandoned property storage: 15 days
- Filing fees: $90-$375
- Governing law: Utah Code § 78B-6-801 to 78B-6-816
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.