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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2240
Experience:  Experience in residential real estate and commercial leases.
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I have a renter that is non compliant with rent I have given

Customer Question

I have a renter that is non compliant with rent I have given a two day eviction notice and still refusing to leave and that was on the 14 th of July what can I do to enforce this
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 10 months ago.

Hello and welcome! My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

I am sorry you are dealing with a non compliant tenant. You mentioned a 2 day notice to vacate, did you mean 3 days. Current Utah law only provides for a minimal notice to vacate of 3 days.

Customer: replied 10 months ago.
I had gotten the 2 day on line I don't have allot of money so I was just trying to do it my self to avoid court costs
Customer: replied 10 months ago.
I was also wondering if this 45 dollars was a 1 time fee
Expert:  J. Warren replied 10 months ago.

Ok I understand, Utah law requires a 3 day notice to vacate. Now this is only a notice to vacate, what typically happens is that tenant doesn't leave after receiving the notice. When this occurs, the only option is to file an eviction petition with the courts seeking an eviction order.

An issue you have is the fact a defense to an eviction is receipt of improper notice. Utah law doesn't recognize a 2 day notice to vacate. As such, as difficult as this is to tell you this, if you went to court, the judge is unlikely to issue an eviction order if the tenant raises a defense that they did not receive proper notice.

This leaves you with likely needing to serve a notice to vacate again with a proper 3 day notice, I have provided a link below to free forms from Utah. An then if they do not leave, unfortunately you will have to take them to court. Evicting a tenant is a 1 and 2 step process. The first step is to serve proper notice to the tenant to vacate. Hopefully, this is all that is needed and the tenant leaves. However, if they do not, the fact that you served notice then gives the landlord the right to seek a court ordered eviction.

These two sites should be of great benefit to you: and

I wish you could give you better news. Regarding fee, I am not able to answer consumer service related issues, I answer legal questions and ask that you rate my services not based on if the law is in your favor but based on accuracy of information and the helpfulness I have provided you. Rating does not cost extra it just assures I get credit for my time spent with you today.

All my best and encouragement. Thank you for allowing me to help you with your questions. I realize this was not the answer you were hoping to receive however I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

Expert:  J. Warren replied 10 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons). I am simply touching base. Let me know. Thanks!