What are the reasons a landlord can evict a tenant in Utah?

Utah law sets forth nine reasons a landlord can evict a tenant. These reasons apply to both commercial tenancies and residential tenancies. If a landlord wants to evict for a reason other than one of these, there is a good chance the landlord may not be able to evict.

1. Failure to Pay Rent. The first reason is for failure to pay rent. This is the most common reason to evict a tenant. The landlord, however, has to give the tenant three days to pay rent before the landlord may proceed with eviction. Sometimes tenants will go to court and plead for leniency from the judge. But, if the tenant has not paid rent there really is not a whole lot they can say that will persuade the judge.

2. Automatic Termination of Lease. The second reason a landlord may evict applies when the lease automatically expires. At the beginning of the tenancy the landlord might say something like "you can rent this property for 1 year and then you have to move. There will be no automatic renewals. There will be no month to month tenancy. I am telling you now, the tenancy will just be over at the end of the year.” In that situation, if the tenant does not move out by the end of the year, the landlord can evict the tenant.

3. Month to Month Lease.  The third reason applies when the tenant is leasing the property on a month-to-month basis. In that situation, a landlord can give the tenant a notice that says, "you have until the end of the month to rent this property, and then you have to move.” Remember that for a month-to-month tenancy, that notice must be given at least 15 calendar days before the end of the month. So, if the notice is given on August 17, for example, that would not be 15 days before end of August. So, the tenant would have the right to rent the property until the end of September. If the tenant does not move out by the end of September, the landlord may evict.

4. Sublease.  The fourth reason applies If the lease states that a tenant cannot sublease, but the tenant subleases anyway. In that happens, the landlord does not have to give the tenant an opportunity to retract the sublease. The landlord can just kick the tenant and the subtenant out. Depending on what the lease says, the landlord may also be entitled to any money the tenant earned by subleasing.

5. Waste.  The fifth reason applies if the tenant commits waste on the property. Waste is an old term that means, simply, property damage, or a failure to properly care for the property.

6.  Unlawful business. The sixth reason applies if the tenant uses the property to carry on a business that is unlawful. This usually arises in a situation where zoning or HoA laws prohibit using residential properties to operate a business. If the tenant operates a business out of the property in violation of zoning or HoA laws, the landlord does not have to give the tenant an opportunity to cease business operations; the landlord can simply proceed with eviction if desired.

7.  Nuisance.  The seventh reason a landlord may evict is if the tenant is responsible for a nuisance on the property. A nuisance usually means loud noises, bad smells, and other things that annoy people.

8.  Criminal Act.  The eighth reason arises if the tenant commits a criminal act on the property. Possession or use of drugs on the property or an act of violence are common examples.

9.  Failure to Comply with the Lease.  The ninth and final reason arises if the tenant fails to do something that the lease requires; for example, mowing the lawn. If the tenant violates a provision in the lease that is something different than one of the other eight reasons above, the landlord may often evict. But, the landlord has to give the tenant an opportunity to comply with the specific requirement within three days before proceeding with eviction.

You can read more about these nine grounds for eviction at Utah Code § 78B-6-802.

This content provides general information only and is not intended to be legal advice. It is not intended to be exhaustive. Please contact a professional regarding your specific situation.