Three (3) Business Day Notice to Pay Rent or Quit (Utah)

THREE (3) BUSINESS DAY NOTICE TO PAY RENT OR QUIT — UTAH

TABLE OF CONTENTS

1. Notice Header and Identification
2. Statement of Tenancy
3. Itemized Demand for Rent
4. Cure Period and Consequences
5. Method of Cure
6. Tenant Rights and Resources
7. Reservation of Rights
8. Signature
9. Proof / Certificate of Service
10. Drafting and Service Notes
11. Sources and References

1. NOTICE HEADER AND IDENTIFICATION

THREE (3) BUSINESS DAY NOTICE TO PAY RENT OR QUIT AND SURRENDER POSSESSION

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

2. STATEMENT OF TENANCY

YOU ARE HEREBY NOTIFIED that you are in possession of the residential premises located at the address above under a [WRITTEN / ORAL / EXPIRED-HOLDOVER] rental agreement dated [__/__/____] between [LANDLORD] (Owner) and [TENANT] (Renter), governed by Utah Code Title 57 and the Utah Forcible Entry and Detainer statute (Utah Code § 78B-6-801 et seq.).

3. ITEMIZED DEMAND FOR RENT

YOU ARE FURTHER NOTIFIED that there is now due, unpaid, and delinquent rent for the premises described above in the following amounts:

Total Amount Demanded: $[________________]

4. CURE PERIOD AND CONSEQUENCES

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

(A) Pay the full amount of rent stated above ($[________]); OR

(B) Quit and surrender peaceful possession of the premises to the Owner.

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

IF YOU FAIL TO PAY OR VACATE WITHIN THREE BUSINESS DAYS, 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;
• Treble damages under Utah Code § 78B-6-811(3) on damages assessed under § 78B-6-811(2)(a)–(e), including unpaid contract amounts, waste, and detainer damages;
• Reasonable attorney fees and court costs;
• Issuance of a writ / order of restitution executed by the sheriff or constable;
• Reporting to consumer reporting agencies.

5. METHOD OF CURE

To cure the default, payment in full must be received no later than the close of business on the third business day after service. Acceptable forms of payment:

☐ Certified check / cashier's check payable to: [PAYEE NAME]
☐ Money order delivered to: [ADDRESS]
☐ Electronic payment via: [PORTAL / ROUTING DETAIL]
☐ Other (lease-specified): [____________________________________]

6. TENANT RIGHTS AND RESOURCES

NOTICE OF TENANT RIGHTS — REQUIRED READING. Utah law provides important protections you should be aware of before deciding how to respond to this Notice.

SECTION 8 / SUBSIDIZED HOUSING. If your tenancy is subsidized under a federal program (HCV, Project-Based, Public Housing, USDA RD), federal good-cause and notice rules apply, and the Public Housing Authority must receive copies of all notices. Termination procedures may differ.

7. RESERVATION OF RIGHTS

The Owner expressly reserves all rights and remedies, including the right to:

1. Recover all rent due, additional rent, late fees, and damages permitted by the lease and Utah law;
2. Pursue treble damages under Utah Code § 78B-6-811(3);
3. Recover reasonable attorney fees and costs;
4. Apply the security deposit consistent with Utah Code § 57-17-3 to lawful charges;
5. Refuse partial payment and proceed with unlawful detainer notwithstanding partial tender;
6. Withdraw, supplement, or amend this Notice in writing.

Acceptance of any payment after expiration of the cure period that does not constitute full satisfaction shall not waive forfeiture absent the Owner's express written waiver.

8. SIGNATURE

9. PROOF / CERTIFICATE OF SERVICE

I, the undersigned, certify under penalty of perjury under the laws of the State of Utah that I served the foregoing Three (3) Business Day Notice to Pay Rent or Quit on the Tenant(s) named above by the following method (check one), in compliance with Utah Code § 78B-6-805:

☐ Personal delivery to Tenant at the premises 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 to Tenant at the premises on [__/__/____].

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

10. DRAFTING AND SERVICE NOTES

11. SOURCES AND REFERENCES

• Utah Code § 78B-6-801 — Definitions (le.utah.gov)
• Utah Code § 78B-6-802 — Unlawful detainer by tenant (le.utah.gov)
• Utah Code § 78B-6-805 — Service of notice (le.utah.gov)
• Utah Code § 78B-6-810 — Court procedures (3-business-day answer) (le.utah.gov)
• Utah Code § 78B-6-811 — Judgment for restitution; treble damages (le.utah.gov)
• Utah Code § 78B-6-814 — Self-help eviction prohibited (le.utah.gov)
• Utah Code Title 57, Chapter 17 — Residential Renters' Deposits (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 Center — Eviction (utcourts.gov)
• Utah Courts OCAP (Online Court Assistance Program) (utcourts.gov/ocap)
• Utah R. Civ. P. 4 (Service); 6 (Time computation)
• 42 U.S.C. § 3601 et seq. — Federal Fair Housing Act
• 15 U.S.C. § 9058 — CARES Act eviction notice (covered properties)

DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Utah unlawful detainer is unusually fast and notice-strict. Defective notices result in dismissal and restart. Have this Notice reviewed by a licensed Utah attorney before service.