Don’t Let a Technicality Derail Your Eviction
Serving notices is one of the most basic legal duties for Utah landlords—and also one of the easiest to screw up. Whether you’re giving notice for nonpayment, lease violations, or ending a tenancy, you must follow Utah law exactly. Otherwise, your eviction case could be thrown out before it even starts.
This guide breaks down how to properly serve notices under Utah landlord-tenant law and how to give yourself the best possible chance in court if things go south.
Step 1: Understand Which Notices Apply
The rules for serving notices depend on the type of notice you’re delivering. Common examples include:
- 3-Day Notice to Pay or Vacate
- 3-Day Notice to Comply or Vacate (for lease violations like pets, smoking, or unauthorized occupants)
- 5-Day Notice to Vacate (for nuisance or criminal activity)
- 15-Day or 30-Day No-Cause Notices
- Abandonment or personal property notices
Tip: If more than one violation applies, serve all applicable notices. For example, if a tenant hasn’t paid rent and has unauthorized guests, serve a 3-day pay-or-vacate, a 3-day comply-or-vacate, and possibly a 15-day no-cause as backup. Judges often view this as thorough, not excessive.
Step 2: Use a Legally Permissible Method of Service
Under Utah Code § 78B-6-805, you can serve notices in any of the following ways:
- Personal delivery to the tenant
- Substitute service — leave the notice with someone of suitable age at the rental and mail a copy to the tenant
- Post-and-mail — affix the notice to the property and mail a copy
Best Practice: Use multiple methods when possible. For instance, post it and mail it and hand-deliver it if you can. More notice is better—judges like it when landlords go above and beyond to be fair.
Step 3: Document Everything
The more evidence you have, the better. If your case ends up in court, clear documentation can make or break your credibility.
At a minimum, you should:
- Take a photo of the notice posted on the door
- Note the date and time of service
- Identify the person who served the notice
- Keep a copy of the notice in your records
- Consider using certified mail or getting a certificate of mailing
If a judge sees that you posted the notice, mailed it, delivered it, and photographed it, they’re far more likely to believe you followed the law—even if the tenant claims otherwise.
Common Mistakes to Avoid
- Serving by email or text – Not legally valid in Utah.
- Posting without mailing – Posting alone isn’t sufficient.
- Wrong form of notice – The content must match the legal reason.
- Short-changing the deadline – Count calendar days correctly; don’t rush the clock.
Don’t Guess When the Law Is This Specific
Landlords often assume they’re safe if they gave “plenty of notice.” But if it wasn’t delivered the right way, using the correct form, at the correct time—it’s invalid. You may have to start over, which delays everything and invites tenant defenses you could’ve avoided.
Also see:
Avoiding Costly Eviction Mistakes: A Guide for Utah Landlords
Final Thoughts
Serving notice is about more than legal compliance—it’s about building your credibility and your case. The more effort you put into doing it right (and documenting it), the more seriously a judge will take your claims.
If you’re unsure whether you used the correct form, served it properly, or gave the tenant enough time, Duckworth Legal Group can walk you through it—or handle it for you.
Call (801) 882-7444 or email info@duckworthlegalgroup.com for guidance before a simple notice turns into a bigger legal mess.