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Eviction Notice - No Cause Lease Termination
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Lease Termination - Utah No Cause Notice to Vacate - A "No Cause" notice can be used if the lease agreement is coming to an end (either from a one year contract or in a month to month lease) and the landlord wants the tenant to move out. If the tenant is on a month-to-month agreement, this notice would require the tenant to leave by the end of the next month. This is a "No Cause" notice because the landlord does not been to have grounds for eviction, they are simply terminating the lease which requires the tenant to leave the property.
- Click Here - No Cause Termination Notice By default under Utah law, a landlord wishing to terminate a lease (whether written or oral) must provide fifteen days notice in prior to the end of the term. However, if your lease requires more than 15 days to terminate your lease, you must comply by allowing the amount of time required in your lease. You can also use this form if you would simply like to provide your tenant with more than fifteen days notice.
No Cause Notice - Lease Termination Notice
Utah has been a hidden gem in the southwest for ages, and now people are finally starting to catch on. Not only was Utah the fastest-growing state in 2020, but it also had one of the best economies and job markets in the country. The quality of life is what largely drives people to the state. With a diverse environment ranging from mountains to desert, many sports teams to cheer on, and excellent family-friendly activities like museums, Utah has something for everyone. The low cost of living is also a big draw for people looking to make Utah their home – the cost of living in Utah is 32.3% lower than in California, which adds to the appeal. Utah is a great place to invest in rental properties, or be a renter yourself. For our recommendations on exactly where to invest in this state, take a look at our Utah rental investment report – read below for guidance on Utah landlord-tenant law.
Can You Withhold Rent in Utah?
Renters are able to withhold rent under the repair and deduct statute if a landlord fails to make necessary repairs. The tenant must provide notice that they will be deducting repair costs from the next rent payment at least three days before the payment is due. They also may not deduct more than two months of rent, even if the repairs cost more than this amount.
How Long Does it Take to Evict a Tenant in Utah?
There are three reasons a landlord may evict a tenant. Failure to pay rent, a lease violation, or performing illegal acts. In each case, the landlord must provide the tenant with a written notice that gives them three days to cure the violation. If they fail to cure, the landlord may file for eviction.
Is Utah a Landlord-Friendly State?
Utah is a somewhat landlord-friendly state. There are no rent limitations and the eviction process is quicker than other states. Courts also typically award triple the damages in the event of an eviction.
What is the Eviction Process in Utah?
Before filing for eviction, landlords must provide a three-day notice to their tenants before filing for eviction. If the tenant does not cure their violation in this time period, the landlord may file for eviction. Utah has a quick eviction process – from the time the landlord files to when the tenant moves out is typically only a few days to a few weeks.
How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Utah?
If a landlord wants to end a lease early, they must give the tenant a 15-day notice before they are required to move out.
Learn when and how tenants may legally break a lease in Utah and how to limit liability for rent through the end of the lease term.
Many tenants who sign a lease for their apartment or rental unit plan to stay for the full amount of time required in the lease, such as one year. But despite your best intentions, you may want (or need) to leave before your lease is up—for example, if you're a student at the University of Utah and only want to stay in your apartment for the period of time that school is in session. Or perhaps you're moving in with your boyfriend or girlfriend. Sometimes, you may need to move in order to be closer to your new job or an elderly parent who needs your help.
Leaving before a fixed-term lease expires without paying the remainder of the rent due under the lease is called breaking the lease. Here's a brief review of tenant rights in Utah to break a lease without further liability for the rent.
Tenant Rights and Responsibilities When Signing a Lease in Utah
A lease obligates both you and your landlord for a set period of time, usually a year. Under a typical lease, a landlord can't raise the rent or change other terms, until the lease runs out (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord can't force you to move out before the lease ends, unless you fail to pay the rent or violate another significant term, such as repeatedly throwing large and noisy parties. In these cases, landlords in Utah must follow specific procedures to end the tenancy. For example, your landlord must give you three days' notice to pay the rent or leave (Utah Code Ann. § 78B-6-802) before filing an eviction lawsuit. If you have caused substantial damage to the property, your landlord may give you an unconditional quit notice, giving you three days to move out. (Utah Code Ann. §78B-6-802).
Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit—with some exceptions, as follows.
When Breaking a Lease Is Justified in Utah
There are some important exceptions to the blanket rule that a tenant who breaks a lease owes the rent for the entire lease term. You may be able to legally move out before the lease term ends in the following situations.
You Are Starting Active Military Duty
If you enter active military service after signing a lease, you have a right to break the lease under federal law. (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. § § 501 and following.) You must be part of the "uniformed services," which includes the armed forces, commissioned corps of the national Oceanic and Atmospheric Administration (NOAA), commissioned corps of the Public Health Service, and the activated National Guard. You must give your landlord written notice of your intent to terminate your tenancy for military reasons. Once the notice is mailed or delivered, your tenancy will terminate 30 days after the date that rent is next due, even if that date is several months before your lease expires.
The Rental Unit Is Unsafe or Violates Utah Health or Safety Codes
If your landlord does not provide habitable housing under local and state housing codes, a court would probably conclude that you have been "constructively evicted;" this means that the landlord, by supplying unlivable housing, has for all practical purposes "evicted" you, so you have no further responsibility for the rent. Utah law (Utah Code Ann. § 57-22-6) sets specific requirements for the procedures you must follow before moving out because of a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service.
You Are a Victim of Domestic Violence
State law (Utah Code Ann. § 57-22-5.1) provides early termination rights for tenants who are victims of domestic violence, provided that specified conditions are met (such as the tenant filing a police report or security in protective order).
Your Landlord Harasses You or Violates Your Privacy Rights
Under state law in Utah, your landlord must give you 24 hours' notice to enter rental property unless the rental agreement specifies otherwise (Utah Code Ann. § 57-22-4(2)). If your landlord repeatedly violates your rights to privacy, or does things like removing windows or doors, turning off your utilities, or changing the locks, you would be considered "constructively evicted," as described above; this would usually justify you breaking the lease without further rent obligation.
Landlord's Duty to Find a New Tenant in Utah
If you don't have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under Utah law (Utah Code Ann. § 78B-6-816, Reid v. Mutual of Omaha Ins. Co., 776 P.2d 896 (Utah 1989)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because Utah requires landlords to take reasonable steps to keep their losses to a minimum—or to "mitigate damages" in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can't just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you'll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can't find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $11,000 in Utah.
How to Minimize Your Financial Responsibility When Breaking a Lease
If you want to leave early, and you don't have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There's a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you're looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
More Information on Tenant Rights to Break a Lease
Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo) provides extensive legal and practical advice that every tenant needs, from move in to move out, including how to get your landlord to cancel your lease, plus dozens of forms and sample letters.
More Information on Landlord-Tenant Law in Utah
To learn more about landlord-tenant laws in your state, see the State Landlord-Tenant Laws section of the Nolo site.