Farmington, UT asked in Contracts and Landlord - Tenant for Utah

Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?

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2 Lawyer Answers
Wesley Winsor
Wesley Winsor
PREMIUM
Answered
  • Saint George, UT
  • Licensed in Utah

A: You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.

So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he shouldn't be serving you with a 3 day notice to pay or vacate as you have already paid. If you haven't paid rent for the month are you are late, then the 3 day notice is probably appropriately given and you should pay the monthly rental or get out. The next step would be for the Landlord to file an "unlawful detainer" action against you.

I hope this helps.

Wes

Kenneth Prigmore
Kenneth Prigmore
Answered
  • Spanish Fork, UT
  • Licensed in Utah

A: On a month to month, Landlord must give you a minimum of two weeks notice prior to the end of the month they say is your last month. If you get notice on June 1, then you have until the end of June to leave, as long as you are paying rent. If you get notice on June 25, then the month to month is extended until the end of July, as long as you are paying rent.

A three day notice is not ok and won't be effective until the end of June.

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