Legal Notice - Eviction

DISCLAIMER
This template is provided for general informational purposes only and does not constitute legal advice. Use of this form does not create an attorney–client relationship. Utah statutes, local court rules, and factual circumstances vary; therefore, the completed notice must be reviewed by a Utah-licensed attorney before service on any tenant.

THREE-DAY NOTICE TO PAY RENT OR VACATE

(Utah Code Ann. § 78B-6-802)

TABLE OF CONTENTS

1. Parties & Premises Identification
2. Recitals
3. Notice of Default and Demand
4. Cure Provisions
5. Remedies upon Failure to Comply
6. Service of Notice
7. Governing Law & Forum
8. General Provisions
9. Execution Block
10. Certificate of Service

1. PARTIES & PREMISES IDENTIFICATION

A. Landlord: [LANDLORD LEGAL NAME], a [LEGAL ENTITY TYPE], whose notice address is [LANDLORD ADDRESS].
B. Tenant(s): [TENANT FULL LEGAL NAME(S)].
C. Premises: [STREET ADDRESS, UNIT NO., CITY, COUNTY, UTAH ZIP] (the “Premises”).
D. Lease: The written (or oral) lease dated [LEASE DATE] (the “Lease”).

2. RECITALS

A. Tenant occupies the Premises under the Lease.
B. Landlord asserts that Tenant is in default under the Lease and the Utah Forcible Entry and Detainer Act, Utah Code Ann. §§ 78B-6-801 et seq.
C. Landlord now provides this statutory notice (the “Notice”) in compliance with Utah Code Ann. § 78B-6-802.

3. NOTICE OF DEFAULT AND DEMAND

A. Nature of Default:

1. Non-payment of Rent.
  a. Amount Due (“Cure Amount”): $[AMOUNT] covering rent through [DATE].
  b. Rent originally due on [ORIGINAL DUE DATE].
  

B. Demand: Tenant must, within THREE (3) calendar days after service of this Notice (“Notice Period”):

1. Pay the Cure Amount in full to Landlord at [PAYMENT LOCATION/INSTRUCTIONS]; or
 2. Vacate and surrender the Premises to Landlord.

4. CURE PROVISIONS

A. Tender of the full Cure Amount within the Notice Period will reinstate the Lease without prejudice to future enforcement.
B. Partial payment will not constitute cure unless accepted in writing by Landlord.
C. If Tenant cures, Landlord reserves all rights regarding any subsequent or continuing defaults.

5. REMEDIES UPON FAILURE TO COMPLY

A. If Tenant fails to comply within the Notice Period, Landlord may:

1. File an unlawful detainer action in the Utah [STATE_HOUSING_COURT] without further notice;
 2. Seek restitution of the Premises, monetary damages, attorney’s fees, court costs, and all other relief authorized by Utah Code Ann. § 78B-6-810;
 3. Pursue injunctive or other equitable relief necessary to protect Landlord’s interests.
B. Attorney’s Fees & Costs: If litigation arises, the prevailing party is entitled to reasonable attorney’s fees and costs as permitted by the Lease and Utah law.

6. SERVICE OF NOTICE

A. This Notice shall be served (i) by personal delivery to Tenant; or (ii) if Tenant cannot be found, by leaving a copy with a person of suitable age at the Premises and mailing a copy to Tenant’s last known address; or (iii) by posting conspicuously on the Premises and mailing a copy, all as authorized by Utah Code Ann. § 78B-6-805.
B. The attached Certificate of Service must be completed contemporaneously to document proper service.

7. GOVERNING LAW & FORUM

This Notice and any ensuing action shall be governed by the laws of the State of Utah. Any judicial proceedings shall be filed and heard exclusively in the Utah [STATE_HOUSING_COURT] having jurisdiction over the Premises.

8. GENERAL PROVISIONS

A. No Waiver: Acceptance of partial rent or Landlord’s delay in enforcement shall not waive any rights.
B. Reservation of Rights: All Landlord rights and remedies, whether under the Lease, statute, or equity, are cumulative.
C. Severability: If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force.

9. EXECUTION BLOCK

Executed this ___ day of __________, 20___ (“Effective Date”).

_____________________________________
[LANDLORD LEGAL NAME]
By: _________________________________
Name: _______________________________
Title: _______________________________

10. CERTIFICATE OF SERVICE

I, __________________________________, declare that on the ___ day of __________, 20___, I served the foregoing THREE-DAY NOTICE TO PAY RENT OR VACATE on [TENANT NAME] by (check one):

☐ Personal delivery to Tenant.
☐ Leaving with a person of suitable age at the Premises and mailing a copy to the Premises address.
☐ Posting in a conspicuous place on the Premises and mailing a copy to the Premises address.

I declare under penalty of perjury under the laws of the State of Utah that the foregoing is true and correct.

_____________________________________
(Signature of Server)
Name: _______________________________
Address: _____________________________
Telephone: ___________________________