Eviction Notice and Unlawful Detainer Complaint Package

EVICTION NOTICE AND UNLAWFUL DETAINER COMPLAINT PACKAGE — UTAH

TABLE OF CONTENTS

1. Pre-Notice Compliance Checklist
2. Part A — 3-Day Notice to Pay Rent or Vacate
3. Part B — 3-Day Notice to Comply or Vacate (Curable Lease Violation)
4. Part C — 3-Day Notice to Vacate (Nuisance, Criminal, or Non-Curable Violation)
5. Part D — 15-Day / 5-Day Notice of Termination (Periodic / At-Will)
6. Part E — Affidavit of Service of Notice
7. Part F — Complaint for Unlawful Detainer
8. Part G — Summons for Unlawful Detainer (3-Business-Day Answer)
9. Part H — Verification and Certificate of Service
10. Utah Practice Notes
11. Sources and References

1. PRE-NOTICE COMPLIANCE CHECKLIST

☐ Confirmed property is residential and subject to the Utah Fit Premises Act (§ 57-22-1 et seq.).
☐ Determined exact category of grounds and correct statutory notice subsection of § 78B-6-802.
☐ Notice period correctly computed (3 calendar days, excluding the day of service; if last day is a weekend/holiday, extended to next business day).
☐ Notice will be served by personal delivery, by leaving with person of suitable age at premises and mailing, OR by posting in conspicuous place and mailing.
☐ Rent ledger / lease violation evidence preserved.
☐ No retaliation (§ 57-22-6 prohibits retaliatory eviction for habitability complaints).
☐ Fair-housing screening (federal FHA; Utah Fair Housing Act, § 57-21-5).
☐ Servicemember status verified (SCRA, 50 U.S.C. § 3951).
☐ CARES Act 30-day notice considered (if covered property).
☐ Notice of Disclosure Requirements attached (if required by district).

2. PART A — 3-DAY NOTICE TO PAY RENT OR VACATE

THREE (3) DAY NOTICE TO PAY RENT OR VACATE

Pursuant to Utah Code § 78B-6-802(1)(c)

TO: [TENANT NAME(S)] and all other occupants

PREMISES: [________________________________] (street, unit, city, county, Utah, ZIP)

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is past due and unpaid on the above-described premises in the following amount:

WITHIN THREE (3) CALENDAR DAYS after service of this Notice, you must EITHER:

(1) Pay the full amount of past-due rent listed above; OR
(2) Vacate and surrender possession of the Premises to the Landlord.

If you neither pay nor vacate within 3 calendar days, the Landlord will commence an Unlawful Detainer action in District Court seeking:

• Restitution of the Premises;
• Past-due rent;
• TREBLE DAMAGES under Utah Code § 78B-6-811 (three times the amount of rent and damages);
• Court costs and attorney's fees.

Payment must be made to: [________________________________]
At: [________________________________]
Methods: ☐ Cash ☐ Certified check ☐ Money order ☐ Electronic to [________________________________]

LANDLORD / AGENT:
Name: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Signature: [________________________________]
Date: [__/__/____]

3. PART B — 3-DAY NOTICE TO COMPLY OR VACATE (CURABLE LEASE VIOLATION)

THREE (3) DAY NOTICE TO COMPLY OR VACATE

Pursuant to Utah Code § 78B-6-802(1)(d)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the rental agreement and/or Utah Code § 57-22-4 (tenant obligations) in the following specific manner(s):

1. [____________________________________________________________]
2. [____________________________________________________________]
3. [____________________________________________________________]

The violation occurred on or about [__/__/____].

WITHIN THREE (3) CALENDAR DAYS after service of this Notice, you must EITHER:

(1) Cure the violation by [________________________________]; OR
(2) Vacate and surrender possession of the Premises.

If you neither cure nor vacate within 3 days, the Landlord will commence an Unlawful Detainer action seeking restitution of the Premises, damages, treble damages under § 78B-6-811, costs, and attorney's fees.

Landlord: [________________________________]
Date: [__/__/____]

4. PART C — 3-DAY NOTICE TO VACATE (NUISANCE, CRIMINAL, OR NON-CURABLE VIOLATION)

THREE (3) DAY NOTICE TO VACATE — NO RIGHT TO CURE

Pursuant to Utah Code § 78B-6-802(1)(f) and (g)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOU ARE HEREBY NOTIFIED that your rental agreement is TERMINATED and you must VACATE the Premises WITHIN THREE (3) CALENDAR DAYS after service of this Notice. There is NO RIGHT TO CURE.

The basis for this Notice is (check all that apply):

☐ Maintaining a nuisance on the Premises (§ 78B-6-802(1)(f))
☐ Carrying on or permitting unlawful business
☐ Criminal activity by Tenant, occupant, or guest on or near the Premises
☐ Commission of waste on the Premises (§ 78B-6-802(1)(g))
☐ Material violation of the rental agreement that is not capable of being cured
☐ Use of the Premises for prostitution, controlled-substance, or other criminal activity

Description of conduct: [____________________________________________________________]
Date of conduct: [__/__/____]

If you fail to vacate within 3 days, the Landlord will file an Unlawful Detainer action seeking immediate restitution of the Premises, damages, treble damages, costs, and attorney's fees.

Landlord: [________________________________]
Date: [__/__/____]

5. PART D — 15-DAY / 5-DAY NOTICE OF TERMINATION (PERIODIC / AT-WILL)

NOTICE OF TERMINATION OF PERIODIC / AT-WILL TENANCY

Pursuant to Utah Code § 78B-6-802(1)(b)

TO: [TENANT NAME(S)]

PREMISES: [________________________________]

DATE OF NOTICE: [__/__/____]

YOUR TENANCY IS TERMINATED effective [__/__/____].

Check applicable:

☐ PERIODIC TENANCY (Month-to-Month): Termination effective no fewer than fifteen (15) days after delivery of this Notice.
☐ TENANCY AT WILL: Termination effective no fewer than five (5) days after delivery of this Notice.

No reason is required to be stated for termination of a periodic or at-will tenancy. However, this Notice is not given in retaliation for any protected activity.

Landlord: [________________________________]
Date: [__/__/____]

6. PART E — AFFIDAVIT OF SERVICE OF NOTICE

AFFIDAVIT OF SERVICE

STATE OF UTAH )
COUNTY OF [________________] ) ss.

I, [________________________________], being duly sworn, depose and state under penalty of perjury that on [__/__/____] at [____] ☐ a.m. ☐ p.m., I served the foregoing Notice on [TENANT NAME] at the Premises by:

☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion at the Premises (namely [________________________________]) AND mailing first-class to Tenant
☐ Posting in a conspicuous place at the Premises (front door) AND mailing first-class to Tenant (only after diligent effort at personal service)

Signature: [________________________________]
Print Name: [________________________________]

Subscribed and sworn before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public — State of Utah
My commission expires: [__/__/____]

7. PART F — COMPLAINT FOR UNLAWFUL DETAINER

IN THE [____] DISTRICT COURT OF [________________________________] COUNTY

STATE OF UTAH

Case No. [________________________________]
Judge: [________________________________]

COMPLAINT FOR UNLAWFUL DETAINER

(Tier 1 / Expedited — Utah Code § 78B-6-801 et seq.)

Plaintiff, by and through undersigned counsel, alleges:

A. Parties, Jurisdiction, Venue

1. Plaintiff is the owner or authorized agent of the residential premises located at [________________________________], [CITY], [COUNTY] County, Utah [ZIP] (the "Premises").

2. Defendant(s) are tenants in possession of the Premises pursuant to a written / oral rental agreement entered on or about [__/__/____].

3. Jurisdiction is proper under Utah Code § 78A-5-102 (District Court general jurisdiction) and § 78B-6-801 et seq. Venue is proper under § 78B-3-307 because the Premises is located in this county.

4. Monthly rent: $[____________], due on the [____] day of each month.

B. Grounds for Unlawful Detainer (check all that apply)

☐ Nonpayment of Rent (§ 78B-6-802(1)(c)). Tenant failed to pay rent for the periods [__/__/____] to [__/__/____] totaling $[____________]. Plaintiff served a 3-Day Notice to Pay or Vacate on [__/__/____] (Exhibit A). The 3-day period expired without payment or surrender of possession.

☐ Curable Lease Violation (§ 78B-6-802(1)(d)). Tenant breached the rental agreement by [________________________________]. Plaintiff served a 3-Day Notice to Comply or Vacate on [__/__/____] (Exhibit B). Tenant has not cured the violation or vacated.

☐ Nuisance / Waste / Criminal Activity (§ 78B-6-802(1)(f)-(g)). Tenant engaged in conduct described in subsections (f) and/or (g). Plaintiff served a 3-Day Notice to Vacate on [__/__/____] (Exhibit C). Tenant has not vacated.

☐ At-Will / Periodic Termination (§ 78B-6-802(1)(b)). Plaintiff served a 15-day / 5-day Notice of Termination on [__/__/____] (Exhibit D). Tenant continues to hold over.

5. Defendant(s) are guilty of unlawful detainer under Utah Code § 78B-6-802.

C. Damages

6. Plaintiff is entitled to recover:
   a. Restitution of the Premises;
   b. Past-due rent of $[____________];
   c. Holdover rent at the daily rate of $[____________] from [__/__/____] until possession is restored;
   d. Treble damages for unlawful detainer pursuant to Utah Code § 78B-6-811;
   e. Costs and attorney's fees as provided by lease and statute.

D. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests judgment:

A. Awarding immediate restitution of the Premises and issuance of an Order of Restitution;
B. For past-due rent of $[____________];
C. For holdover damages at $[____________] per day from [__/__/____];
D. For treble damages pursuant to § 78B-6-811;
E. For costs and attorney's fees; and
F. For such other relief as the Court deems just.

Dated: [__/__/____]

[________________________________]
Attorney for Plaintiff
Utah State Bar No.: [____________]
Firm: [________________________________]
Address: [________________________________]
Telephone: [____________________]
Email: [________________________________]

8. PART G — SUMMONS FOR UNLAWFUL DETAINER (3-BUSINESS-DAY ANSWER)

IN THE [____] DISTRICT COURT OF [________________________________] COUNTY

STATE OF UTAH

Case No. [________________________________]

SUMMONS FOR UNLAWFUL DETAINER

TO: [TENANT NAME(S)] and all other occupants of [________________________________]

YOU ARE HEREBY SUMMONED and required to file with the Clerk of the Court a written ANSWER to the attached Complaint for Unlawful Detainer WITHIN THREE (3) BUSINESS DAYS after service of this Summons upon you, pursuant to Utah Code § 78B-6-806.

If you fail to file an Answer within 3 business days:

• DEFAULT JUDGMENT may be entered against you for restitution of the Premises;
• An ORDER OF RESTITUTION may issue immediately for the Sheriff to remove you from the Premises;
• You may be ordered to pay rent, TREBLE DAMAGES, costs, and attorney's fees under § 78B-6-811.

WHERE TO FILE:
[________________________________] District Court
[Courthouse address]
Court phone: [____________________]
Online filing: https://www.utcourts.gov/efile/

OCCUPANCY HEARING: Upon filing of your Answer, the Court will schedule an Occupancy Hearing within approximately 10 days (Utah Code § 78B-6-810) to determine who may occupy the Premises during the litigation.

TENANT RIGHTS:

• You have the right to defend this action in court.
• You may be represented by an attorney. If you cannot afford one, contact Utah Legal Services (1-800-662-1772) or the Utah State Bar Lawyer Referral Service (801-531-9075).
• If you are an active-duty servicemember, you may be entitled to a stay under the SCRA, 50 U.S.C. § 3901 et seq.
• Self-help legal resources: https://www.utcourts.gov/howto/landlord/

IF YOU HAVE A DEFENSE OR COUNTERCLAIM, FILE YOUR ANSWER WITHIN 3 BUSINESS DAYS OR LOSE THESE RIGHTS.

ISSUED this [____] day of [________________], 20[____].

Clerk of the Court: [________________________________]
By: [________________________________] (Deputy)

RETURN OF SERVICE:

I served this Summons and the attached Complaint on [TENANT NAME] on [__/__/____] by:

☐ Personal service on Defendant
☐ Service on a person of suitable age and discretion at Defendant's usual place of abode
☐ Substituted service per URCP 4(d)(2) and § 78B-6-806

Process Server / Constable / Sheriff: [________________________________]
Date: [__/__/____]

9. PART H — VERIFICATION AND CERTIFICATE OF SERVICE

VERIFICATION

STATE OF UTAH )
COUNTY OF [________________] ) ss.

I, [________________________________], being duly sworn, depose and state that I am the Plaintiff (or authorized agent); I have read the foregoing Complaint; and the matters stated therein are true and correct based upon my personal knowledge or information and belief.

Signature: [________________________________]

Subscribed and sworn before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public — State of Utah
My commission expires: [__/__/____]

CERTIFICATE OF SERVICE OF COMPLAINT

I certify that on [__/__/____], a true and correct copy of the foregoing Complaint, Summons, and exhibits was served upon Defendant(s) by:

☐ Constable / Sheriff of [________________________________] County
☐ Licensed private process server
☐ Service per URCP 4

Counsel for Plaintiff: [________________________________]
Date: [__/__/____]

10. UTAH PRACTICE NOTES

• Speed. Utah's unlawful detainer process is among the fastest in the nation: 3-day notice, 3-business-day answer, occupancy hearing within ~10 days, and rapid trial setting.
• Calendar vs. business days. Notice period = 3 calendar days; answer period after service of summons = 3 business days (§ 78B-6-806).
• Treble damages risk. A tenant who litigates and loses faces treble the amount of rent and damages, plus the landlord's attorney's fees and costs (§ 78B-6-811). This significantly deters defenses but also obligates landlords to plead carefully.
• Order of Restitution. Upon default or judgment for landlord, the court issues an Order of Restitution executed by the Sheriff or Constable. Tenant typically has 72 hours to vacate after posting before physical removal.
• Occupancy hearing. After tenant files answer, court holds an Occupancy Hearing to decide who occupies during pending litigation. If tenant wishes to stay, they must typically deposit ongoing rent into court.
• Notice of Disclosure Requirements. Some courts require the landlord to attach Form 1150EV (Notice to Defendant of Disclosure Requirements). Verify with local district.
• Utah Fit Premises Act. § 57-22-1 et seq. imposes habitability duties on landlords. Tenant complaints about habitability create a retaliation defense if eviction is within 6 months (§ 57-22-6).
• Late fees. Must be in lease and reasonable. Utah has no statutory cap. Charges may not be characterized as "rent" to bypass notice rules.
• Security deposits. Landlord must return within 30 days after vacancy with itemized list of deductions (§ 57-17-3). Failure permits tenant to recover full deposit plus a $100 civil penalty.
• Self-help eviction prohibited. § 78B-6-814 — landlord who locks out, removes belongings, or shuts off utilities is liable for actual damages and may be ordered to restore possession.
• Fair housing. Utah Fair Housing Act (§ 57-21-5) and federal FHA prohibit discrimination based on race, color, religion, sex, national origin, familial status, disability, and source of income (federal subsidies).
• CARES Act 30-day notice. Federally backed properties still require 30-day notice under 15 U.S.C. § 9058(c).
• Servicemember protections. SCRA stay available; verify with DOD Manpower Data Center before filing.
• Justice Court alternative. Some unlawful detainer cases (low damages) may be filed in Justice Court — verify subject-matter jurisdiction.

11. SOURCES AND REFERENCES

• Utah Code Title 78B Chapter 6 Part 8 — Forcible Entry and Unlawful Detainer: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-P8.html
• Utah Code § 78B-6-802: https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S802.html
• Utah Code § 78B-6-806 (Service / answer): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S806.html
• Utah Code § 78B-6-810 (Occupancy hearing): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S810.html
• Utah Code § 78B-6-811 (Treble damages): https://le.utah.gov/xcode/Title78B/Chapter6/78B-6-S811.html
• Utah Code § 78B-6-814 (Self-help eviction prohibited)
• Utah Fit Premises Act, § 57-22-1 et seq.
• Utah Rules of Civil Procedure 4, 5, 7, 64B, 100
• Utah Courts — Landlord/Tenant self-help: https://www.utcourts.gov/howto/landlord/
• Utah Legal Services: https://www.utahlegalservices.org/
• Utah State Bar — Landlord Tenant CLE materials
• SCRA, 50 U.S.C. § 3901 et seq.; 42 U.S.C. § 3601 et seq. (Fair Housing Act)

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