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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30380
Experience:  JA Mentor
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How much time is your landlord required to give you notice

Customer Question

how much time is your landlord required to give you notice to vacate, and does it have to be served by an officer of the law
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: month to month
JA: Where is the property located?
Customer: salt lake
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, its my daughters, she has three kids under the age of 8
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 2 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Utah law requires 15 days notice to terminate a month to month tenancy. Utah Code, section 78B-6-802. It is possible for the parties to agree to a longer notice period in the lease, so if she has a written month to month agreement, she should read through it to be sure.

The original termination notice doesn't have to be served by an officer of the law. If the landlord winds up going to court, those papers have to be served by someone over the age of 18 and not a party to the landlord. Many people use a sheriff or process server to serve the notice, but it's not required. The sheriff would have to serve a final writ of possession, but that's done only after everyone has gone to court and the landlord has gotten an eviction order. The notice to quit does have to be in writing, personally delivered to the tenant or sent via registered or certified mail. If the tenant isn't home, the landlord could leave it with someone "of suitable age and discretion." The kids wouldn't qualify, but you would if you were there watching them. Section 805. Generally, a person of suitable age and discretion would be at least a teenager.

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