As we discussed in a previous post, those investors who put their money in rental property in the wake of the recession are now grateful for their bold move, as the rebounding real estate market and resurgent economy have allowed them to realize a handsome profit.
We also discussed how those investors thinking about following suit should know that being a successful landlord requires more than just collecting rent checks and paying the mortgage. Indeed, it requires vetting of prospective tenants, regular upkeep of the premises and, of course, the possible eviction of problem renters.
To that end, we stated how the first step that any residential landlord in Utah must take before they can evict a tenant for being in "unlawful detainer" is to serve them with notice to vacate, and explored the various ways in which service of this notice to vacate can be accomplished under state law.
In general, some of the more common notices to vacate served by landlords include:
- 3-day notice to pay or vacate: If a tenant owes rent or other money, the landlord may serve them with a notice informing them that they have three calendar days to pay the money owed or leave the premises. If the money is not paid by the tenant within this timeframe, he or she is in unlawful detainer, such that the landlord may seek an eviction order from the court.
- 3-day notice to comply with the rental agreement or vacate: If a tenant has broken an express term of the rental agreement otherwise capable of being fixed, the landlord may serve them with a notice informing them that they have three calendar days to take the necessary remedial measures. If the request action is not taken by the tenant within this timeframe, he or she is in unlawful detainer, such that the landlord may seek an eviction order from the court.
- 15-day notice to vacate: If the unit is being rented to the tenant on a month-to-month basis and the landlord wants them to vacate the premises by the end of the month, they must serve them with notice at least 15 calendar days before the end of the month (unless the rental agreement requires longer notice). Failure to do so will give the tenant until the end of the following month. No reason for the wanting the tenant to vacate must be provided by the landlord and if the tenant fails to leave within the 15 calendar days, he or she is in unlawful detainer, such that the landlord may seek an eviction order from the court.
It's important to note that the term "calendar days" includes weekends and holidays, and any remedy sought by the landlord must be completed on or before the last day.
We'll continue this discussion in a future post.
Consider consulting with an experienced legal professional if you have questions relating to the complex eviction process here in Utah, or other landlord/tenant matters.