Utah Lawyer Stephen Howard
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Stephen W. Howard - Canyons Law Group
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Utah Attorney Stephen Howard - Canyons Law Group

Canyons Law Group - Solutions Start HereSM
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How much notice do I have to give a month-to-month renter prior to eviction in Utah?

Under Utah Code Ann. 78B-6-802, a residential landlord who intends to terminate a month-to-month lease must service notice on the tenant at least 15 days notice prior to the end of the month.  The term "month" as used here does not necessarily refer to a calendar month, but can refer to the end of any repeating periodic rental term.  This notice must inform the tenant that he/she is required to "quit" (vacate) the premises at the end of the month or period.  A tenant who has received the required 15-day notice to quit and retains possession of the property after the end of the month or period will be subject to an action for unlawful detainer (eviction).  A tenant is considered a month-to-month or periodic renter under Utah law when the lease or rental agreement does not contemplate a specific date on which the rental period will end, but instead contemplates a periodic or repeating rental period.

Utah Eviction Attorney If the lease or rental agreement was made for a specific period of time, the tenant is considered to be guilty of an unlawful detainer if the tenant refuses to vacate the premises after the end of the specified period, even without a notice.  A tenant who is an at-will tenant (meaning there is no agreement as to the length of any lease or rental period) is considered guilty of an unlawful detainer if the tenant remains in possession of the premises after being given notice of not less than five days.  

If a renter fails to pay rent, the landlord serve a three-day notice to quit or pay rent.  This notice gives the tenant three days in which to either pay the required rent or else vacate the premises.  A tenant who fails to pay rent and retains possession of the property after receiving the notice to quit or pay rent is considered guilty of an unlawful detainer.

Utah law regarding evictions does not allow a landlord to engage in self-help remedies (changing the locks, removing the tenant's belongings, etc.) unless specific notice and procedural requirements have been met.  If you are a Utah landlord who needs to evict a tenant, you should consult with an attorney in Utah before taking action.  Failure to follow the proper procedures and legal requirements may subject you to legal penalties.

For help with Utah evictions or other landlord-tenant legal problems, contact Utah attorney Stephen Howard today.

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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.

Stephen W. Howard, PC

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