Utah 3-Day Notice to Pay Rent or Quit: What It Means
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 78B-6-802(1)(c), a tenant who is in default on rent or other amounts due is guilty of unlawful detainer if they stay in possession after a written notice requiring, in the alternative, payment of the rent and other amounts due or surrender of the premises has gone unanswered for three business days after service. The notice may be served at any time after the rent becomes due. Despite the name "3-day notice," the pay-or-quit period is counted in business days, so weekends and holidays don't count. The notice isn't an eviction: if the tenant doesn't pay or leave, the landlord can file an unlawful detainer case, and only a court order carried out by a sheriff or constable can remove you.
Who this guide is for
Utah tenants who received a notice for unpaid rent and landlords who want to serve it correctly. General information, not legal advice. Older articles, including earlier versions of this one, described the pay-or-quit period as "3 calendar days"; the statute now says three business days for nonpayment, while other 3-day notices are still counted in calendar days.
What the notice has to say
Under § 78B-6-802(1)(c), the notice must be in writing and require in the alternative that the tenant either pay the rent and other amounts due or surrender the premises. Best practice is to state the amount owed and what it covers. The statute allows service at any time after the rent becomes due.
How it's served (§ 78B-6-805)
A notice may be served by:
- delivering a copy to the tenant personally;
- sending it by registered or certified mail (or an equivalent means) to the tenant's residence or usual place of business;
- leaving a copy with a person of suitable age and discretion at the residence if the tenant is absent; or
- affixing a copy in a conspicuous place on the property if no suitable person can be found.
How the three business days are counted
The period is three business days after service, so Saturdays, Sundays and holidays aren't counted. If you are the tenant, count carefully from the day after service and keep the date and method of service. If you are the landlord, wait until the full period has passed before filing.
What happens if you pay in full within the period
Paying all rent and other amounts due within the three business days resolves a pay-or-quit notice. Get a written receipt or other proof of payment and date. After service of a notice, § 78B-6-802(2) allows the tenant or another interested person to perform the condition and save the lease from forfeiture.
What happens if you pay only part
Partial payment doesn't automatically stop the case. Whether a landlord's acceptance of partial payment affects the eviction depends on how it's treated; don't assume partial payment protects you, and get anything in writing.
Other notice periods in the statute (§ 78B-6-802)
| Situation | Notice |
|---|---|
| Nonpayment of rent or other amounts due | 3 business days to pay or surrender |
| Failing to perform a lease condition or covenant (curable) | 3 calendar days to perform or surrender |
| Assigning or subletting contrary to the lease, waste, unlawful business, nuisance, or a criminal act on the premises | 3 calendar days notice to quit |
| Ending a month-to-month (periodic) tenancy | Notice at least 15 calendar days before the end of the month or period |
| Tenancy at will | Notice of at least 5 calendar days |
What happens when the period passes
The landlord may file an unlawful detainer complaint. The court must expedite the case and generally begin trial within 60 days after service; either party can request an evidentiary hearing within 10 business days after an answer (§ 78B-6-810). If the landlord wins, the court issues an order of restitution, which gives the tenant three calendar days after service to vacate unless the court orders otherwise (§ 78B-6-812). A request for a hearing doesn't stay enforcement unless the court orders it and a bond is posted.
See Utah Eviction Process for Landlords and How to Respond to an Eviction Notice in Utah. For help, see How to Find Free or Low-Cost Legal Help in Utah.
Frequently asked questions
Is the Utah notice 3 days or 3 business days?
For nonpayment of rent, the statute says three business days after service. Other 3-day notices in the same section (for example lease violations) are 3 calendar days.
Does the day I received the notice count?
Count three business days after service; weekends and holidays don't count. Keep proof of the service date.
Can my landlord file right after the notice?
Not until the full notice period has run without payment or surrender.
Can the landlord change the locks?
No. Only a court order carried out by a sheriff or constable can remove you. See Illegal Lockouts in Utah.