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Stephen W. Howard - Canyons Law Group
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How much notice does a Utah landlord have to give before evicting a month-to-month residential tenant?

Utah Code Ann. 78B-6-802 governs the length of time required for a residential landlord to give as notice to a residential month-to-month (or periodic) tenant before beginning an eviction proceeding. Under this section of the Utah Code, a residential landlord must serve formal notice on a month-to-month tenant at least 15 days prior to the end of the rental month. Note that the term "month" does not refer to a calendar month, but instead means the end of any periodic repeating rental term. Utah law considers a renter to be a periodic or month-to-month renter when the lease agreement does not specify a definite date upon which the rental period will end, but instead contemplates a repeating or periodic rental.

The contents of the notice must inform the tenant that she/he is required to "quit" the premises (vacate the premises) at the end of the rental period. If, after being given a formal notice to quit, a tenant remains in possession of the premises after the end of the rental period, an action for unlawful detainer (eviction) may be filed against the tenant.

Landlords are not allowed under Utah law to engage in self-help remedies (e.g., removing the tenant's property, changing the locks, etc.). Attempting to evict a tenant without following the required legal process can subject a landlord to legal penalties. Consultation with a Utah attorney is strongly advised before proceeding with any eviction case.


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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, Morgan, and Wasatch Counties - and all of Utah.


Stephen W. Howard is Utah attorney, practicing as part of the Canyons Law Group, LLC.
With offices in Salt Lake and Davis Counties, we are pleased to provide legal services to clients throughout Utah.
Call 801-449-1409 to arrange for a confidential initial consultation.

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