Landlord Tenant – Lease Termination – Utah
78-36-3 Unlawful detainer by tenant for term less than life.
(1) A tenant of real property, for a term less than life, is guilty of an unlawful detainer:
(a) when he continues in possession, in person or by subtenant, of the property or any part of it, after the expiration of the specified term or period for which it is let to him, which specified term or period, whether established by express or implied contract, or whether written or parol, shall be terminated without notice at the expiration of the specified term or period;
(b) when, having leased real property for an indefinite time with monthly or other periodic rent reserved:
(i) he continues in possession of it in person or by subtenant after the end of any month or period, in cases where the owner, his designated agent, or any successor in estate of the owner, 15 days or more prior to the end of that month or period, has served notice requiring him to quit the premises at the expiration of that month or period; or
(ii) in cases of tenancies at will, where he remains in possession of the premises after the expiration of a notice of not less than five days;
(c) when he continues in possession, in person or by subtenant, after default in the payment of any rent and after a notice in writing requiring in the alternative the payment of the rent or the surrender of the detained premises, has remained uncomplied with for a period of three days after service, which notice may be served at any time after the rent becomes due;
(d) when he assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste on the premises, or when he sets up or carries on any unlawful business on or in the premises, or when he suffers, permits, or maintains on or about the premises any nuisance, including nuisance as defined in Section 78-38-9, and remains in possession after service upon him of a three days’ notice to quit; or
(e) when he continues in possession, in person or by subtenant, after a neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, other than those previously mentioned, and after notice in writing requiring in the alternative the performance of the conditions or covenant or the surrender of the property, served upon him and upon any subtenant in actual occupation of the premises remains uncomplied with for three days after service. Within three days after the service of the notice, the tenant, any subtenant in actual occupation of the premises, any mortgagee of the term, or other person interested in its continuance may perform the condition or covenant and thereby save the lease from forfeiture, except that if the covenants and conditions of the lease violated by the lessee cannot afterwards be performed, then no notice need be given.
(2) Unlawful detainer by an owner resident of a mobile home is determined under Title 57, Chapter 16, Mobile Home Park Residency Act.
(3) The notice provisions for nuisance in Subsection 78-36-3 (1)(d) are not applicable to nuisance actions provided in Sections 78-38-9 through 78-38-16 only. 78-36-4Right of tenant of agricultural lands to hold over. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of his term without any demand of possession or notice to quit by the owner, his designated agent, or his successor in estate, he shall be deemed to be held by permission of the owner, his designated agent, or his successor in estate, and shall be entitled to hold under the terms of the lease for another full year, and shall not be guilty of an unlawful detainer during that year; and the holding over for the 60-day period shall be taken and construed as a consent on the part of the tenant to hold for another year.
Related Utah Legal Forms
- 15 Day Notice of Termination of Lease – Month to Month or Periodic – Residential
- 3 Day Notice of Material Breach – 3 Days to Cure – Residential
- 3 Day Notice of Termination for Waste, Unlawful Business or Nuisance – Residential
- 3 Day Notice to Pay Rent or Lease Terminates for Residential Property
- 5 Day Notice of Termination of At-Will Lease – Residential