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How to evict a tenant in Utah: steps and timeline

In Utah, unpaid rent starts with a written notice requiring the tenant to pay or leave, and the tenant has three business days after service. Most other breaches use a three calendar day notice to quit, and ending a month-to-month tenancy takes 15 calendar days. After that you file an unlawful detainer case, the summons gives the tenant three business days to respond, and an order of restitution gives three calendar days to vacate. A landlord may not exclude a tenant except through court.

What notice does Utah require?

Utah Code 78B-6-802(1)(c) makes a tenant guilty of unlawful detainer who stays after default in rent or other amounts due and after a written notice requiring, in the alternative, payment of the rent and other amounts due or surrender of the premises has gone uncomplied with for three business days after service. The notice may be served at any time after the rent becomes due.

Other grounds use different clocks. A tenant who assigns or sublets against the lease, commits or permits waste, runs an unlawful business, maintains a nuisance or commits a criminal act on the premises is in unlawful detainer after service of a three calendar day notice to quit (802(1)(d) to (g)). For any other failure to perform a condition or covenant of the lease, the notice requires in the alternative that the tenant perform it or surrender the property, and runs three calendar days after service (802(1)(h)). After service and the notice period, the tenant may perform the condition and save the lease from forfeiture, unless the violation cannot be brought into compliance, in which case a notice under (d) to (g) may be given (802(2)).

For a periodic tenancy with rent reserved monthly or for another period, the tenant is in unlawful detainer who stays after the end of the month or period when the owner served a notice to quit at least 15 calendar days before it ended (802(1)(b)(i)). A tenancy at will ends with a notice of at least five calendar days (802(1)(b)(ii)).

How do you serve the notice in Utah?

Section 78B-6-805 lets you serve a notice by delivering it personally to the tenant; by registered or certified mail or an equivalent means to the tenant's residence or the leased property; if the tenant is absent, by leaving a copy with a person of suitable age and discretion at the residence; or, if no such person can be found, by affixing a copy in a conspicuous place on the leased property. Keep a record of the date and the method, because the three-day count starts at service.

How does the court case work and how fast is it?

Your complaint states the facts, and for a rent case the amount of rent or other amounts due, and you may claim damages or compensation for use of the premises (78B-6-807). Only the tenant, a lease signer and any subtenant in actual occupation may be named as defendants (78B-6-806). The summons states that the tenant must appear and defend within three business days of service, unless the tenant objects and the court decides the facts call for more time (807(3)). You may file a possession bond at any time before final judgment, and you must tell the tenant of it and of the alternative remedies the statute gives them (808).

In a case where the tenant remains in possession, the court expedites the proceedings and begins trial within 60 days after the complaint is served unless the parties agree otherwise (810(1)). If either side asks, the court holds an evidentiary hearing within 10 business days after the tenant files an answer, to decide who has the right of occupancy during the case, and can enter judgment then if nothing else is left to decide (810(2)). If the tenant gets notice and fails to appear, the court issues an order of restitution and a default judgment unless it finds a reason not to (810(4)).

How long until the tenant is out?

A judgment for you includes an order of restitution (811(1)). In a rent or covenant case the judgment also declares the lease forfeited, though forfeiture does not release the tenant from lease payments for the rest of the term, and both sides must still mitigate damages. The order directs the tenant to vacate and advises that the tenant has three calendar days after service of the order to leave, unless the officer returns possession immediately in a criminal-act case, the parties agree otherwise, or the court ordered immediate return after a default (812(2)). A constable or sheriff serves the order with a form for the tenant to ask for a hearing about how it is enforced. A request for a hearing does not stay enforcement unless the tenant gives a bond and the court orders a stay (812(3)). Either side may appeal within 10 days (813).

The judgment is for the rent and three times the damages the court assesses for forcible entry, unlawful detainer, waste, amounts due under the contract and nuisance abatement, with costs and reasonable attorney fees to the prevailing party (811(3) and (5)). Read that section with the statute's text in front of you, because it sets what a court may award.

Which mistakes cost a Utah landlord time?

  • Counting calendar days for a rent notice. The rent notice runs three business days, but most other breach notices run three calendar days.
  • Serving the notice in a way the statute does not list. Use personal delivery, certified mail, a person of suitable age, or posting as the last resort.
  • Planning around a quick trial. When the tenant stays and answers, the court may take up to 60 days from service of the complaint to begin trial.
  • Skipping the possession bond question. A bond does not decide the case, but the statute gives the tenant alternative remedies when you file one.

Example a made-up landlord hand-delivers the pay or quit notice on Monday, November 2, 2026. Three business days run through Thursday, November 5, so the landlord may file on Friday, November 6. If the tenant is served with the summons on Monday, November 16, the response is due three business days later, on Thursday, November 19. If the tenant answers and stays, trial begins within 60 days after service, by Friday, January 15, 2027.

What can a Utah landlord never do?

Section 78B-6-814 says it is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process. The only exception is removing contents and retaking the premises after a tenant has abandoned them under 78B-6-816. Do not change locks or move belongings out while the tenant lives there.

How DoorKeeping handles it

DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

  1. Utah Code Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer (78B-6-801 to 78B-6-816), read Oct 30, 2026
  2. Utah Code Title 57, Chapter 22, Utah Fit Premises Act, read Oct 30, 2026

Questions

How many days notice do I give a Utah tenant who has not paid rent?
A written notice to pay or leave, and the tenant has three business days after service (Utah Code 78B-6-802(1)(c)).
How long does a Utah tenant have to leave after the order of restitution?
Three calendar days after service of the order, unless the officer returns possession immediately in a criminal-act case or the parties agree otherwise (78B-6-812(2)).
Can I lock out a Utah tenant?
No. Section 78B-6-814 makes it unlawful to willfully exclude a tenant except by judicial process.