Three (3) Day Notice to Comply (Cure) or Quit (Utah)

THREE (3) DAY NOTICE TO COMPLY (CURE) OR QUIT — UTAH

TABLE OF CONTENTS

1. Notice Header and Statutory Basis
2. Tenancy Identification
3. Description of the Breach
4. Statutory Provisions Violated
5. Cure Period and Required Action
6. Consequences of Non-Compliance
7. Tenant Rights and Resources
8. Reservation of Rights
9. Signature
10. Proof / Certificate of Service
11. Drafting and Service Notes
12. Sources and References

1. NOTICE HEADER AND STATUTORY BASIS

THREE (3) DAY NOTICE TO COMPLY WITH LEASE COVENANT(S) OR QUIT AND SURRENDER POSSESSION

Select the operative subsection (one box checked):

☐ Three BUSINESS days — Curable lease covenant breach under Utah Code § 78B-6-802(1)(c) (cure permitted).

☐ Three CALENDAR days — Unauthorized assignment / subletting under Utah Code § 78B-6-802(1)(d) (no cure).

☐ Three CALENDAR days — Waste under Utah Code § 78B-6-802(1)(e) (no cure).

☐ Three CALENDAR days — Unlawful business / nuisance under Utah Code § 78B-6-802(1)(f) (no cure).

☐ Three CALENDAR days — Criminal acts on or about premises under Utah Code § 78B-6-802(1)(g) (no cure).

2. TENANCY IDENTIFICATION

YOU ARE HEREBY NOTIFIED that you are in possession of the residential premises described above under a [WRITTEN / ORAL / EXPIRED-HOLDOVER] rental agreement dated [__/__/____].

3. DESCRIPTION OF THE BREACH

YOU ARE FURTHER NOTIFIED that you have committed and continue to commit the following material breach(es) of your rental agreement and Utah law:

Supporting documentation incorporated by reference: ☐ Photographs ☐ Witness statements ☐ Police reports ([REPORT NO.]) ☐ Prior warning letters ☐ HOA/management records ☐ Other: [______________].

4. STATUTORY PROVISIONS VIOLATED

In addition to the lease, the conduct described above violates one or more of the following:

5. CURE PERIOD AND REQUIRED ACTION

FOR § 78B-6-802(1)(c) BREACHES (CURABLE COVENANTS — 3 BUSINESS DAYS):

WITHIN THREE (3) BUSINESS DAYS after service of this Notice, you must either (a) fully cure the breach as described below, OR (b) quit and surrender peaceful possession of the premises to the Owner.

Required cure actions:

1. [SPECIFIC ACTION — e.g., "Permanently remove the unauthorized dog and provide written confirmation"];
2. [SPECIFIC ACTION — e.g., "Cease all smoking on the premises and remove all tobacco-product residue"];
3. [SPECIFIC ACTION — e.g., "Remove unauthorized occupant [NAME] and restore lock to original condition"];
4. [____________________________________________________________].

FOR § 78B-6-802(1)(d)–(g) BREACHES (NO CURE — 3 CALENDAR DAYS):

WITHIN THREE (3) CALENDAR DAYS after service of this Notice, you must quit and surrender peaceful possession of the premises to the Owner. NO RIGHT TO CURE EXISTS for waste, unauthorized subletting, nuisance, unlawful business, or criminal activity under Utah Code § 78B-6-802(1)(d)–(g).

"Business day" under Utah Code § 78B-6-801 excludes Saturdays, Sundays, and Utah state legal holidays. "Calendar day" counts every day. The day this Notice is served is not counted; counting begins the next day.

6. CONSEQUENCES OF NON-COMPLIANCE

IF YOU FAIL TO CURE OR VACATE WITHIN THE APPLICABLE 3-DAY PERIOD, the Owner intends to commence an action for unlawful detainer in the [____________] District Court of Utah, [____________] County. If judgment is entered for the Owner, you may be liable for:

• Restitution (immediate return) of the premises;
• All accrued rent and damages;
• Treble damages under Utah Code § 78B-6-811(3) on damages assessed under § 78B-6-811(2)(a)–(e), including waste damages and detainer damages;
• Reasonable attorney fees and court costs;
• Issuance of an Order / Writ of Restitution executed by the sheriff or constable;
• Adverse credit and tenant-screening reporting.

Once an unlawful detainer summons is served on you, you have only THREE (3) BUSINESS DAYS to file a written Answer with the District Court. Failure to answer within three business days will result in a DEFAULT JUDGMENT against you and rapid eviction. Utah Code § 78B-6-810.

7. TENANT RIGHTS AND RESOURCES

REASONABLE ACCOMMODATION NOTICE. If you have a disability and the conduct cited above relates to a disability-related need, you may have the right to a reasonable accommodation under federal and state fair housing law. Contact the Owner in writing to request an accommodation; do not assume that this Notice forecloses that right.

8. RESERVATION OF RIGHTS

The Owner reserves all rights under the lease and Utah law, including the right to:

1. Pursue unlawful detainer notwithstanding partial compliance;
2. Recover damages, attorney fees, and treble damages under § 78B-6-811;
3. Seek injunctive relief for ongoing nuisance / waste / criminal activity;
4. Withdraw, supplement, or amend this Notice in writing.

Acceptance of rent during the cure period for a § 802(1)(c) breach does not waive forfeiture absent the Owner's express written waiver.

9. SIGNATURE

10. PROOF / CERTIFICATE OF SERVICE

I certify under penalty of perjury under the laws of the State of Utah that I served the foregoing Notice on the Tenant(s) named above by the following method, in compliance with Utah Code § 78B-6-805:

☐ Personal delivery to Tenant on [__/__/____] at [____] AM/PM.

☐ Substituted service: Left with [NAME], a person of suitable age and discretion residing at the premises, on [__/__/____] at [____] AM/PM, AND mailed a true copy by first-class U.S. mail the same day.

☐ Posting and mailing: After diligent effort no person of suitable age was found; posted in a conspicuous place on the premises on [__/__/____] AND mailed a true copy by first-class U.S. mail the same day.

11. DRAFTING AND SERVICE NOTES

12. SOURCES AND REFERENCES

• Utah Code § 78B-6-801 — Definitions (le.utah.gov)
• Utah Code § 78B-6-802 — Unlawful detainer (notice subsections (1)(c)–(g)) (le.utah.gov)
• Utah Code § 78B-6-805 — Service of notice (le.utah.gov)
• Utah Code § 78B-6-810 — Court procedures (le.utah.gov)
• Utah Code § 78B-6-811 — Judgment, treble damages (le.utah.gov)
• Utah Code § 78B-6-814 — Self-help eviction prohibited (le.utah.gov)
• Utah Code § 78B-6-1107 — Nuisance definition (le.utah.gov)
• Utah Code Title 57, Chapter 22 — Utah Fit Premises Act (le.utah.gov)
• Utah Code § 34A-5-106 — Antidiscrimination Act (housing) (le.utah.gov)
• Utah Courts Self-Help — Eviction (utcourts.gov)
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act
• HUD Notice on Assistance Animals (FHEO-2020-01)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. The choice between a 3-business-day "comply or quit" notice and a 3-calendar-day "no-cure" notice is dispositive. Have this Notice reviewed by a licensed Utah attorney before service.