How to give notice to vacate in Utah | Advice needed!

How to give notice to vacate in Utah | Advice needed!

Rental Property Investor · Sandy, UT · Member since 2017 · 16 posts · 1 vote

Hey guys just a newbie here needing some advice.

So I'm currently under contract for a small multi-family in Davis County, Utah which you Utah folks already know is about 30 minutes north of Salt Lake City. There are currently 3 units that are occupied and one that's vacant (I will be renting this unit out). My wife and I plan to house hack one of the units where the tenant is paying under market value. We've both read Brandon Turner's How to Manage Rental Properties and will be landlording for the first time while we live here. 

They are all on month-to-month contracts and I close next week on the 12th. 

My question is this, and I know it'll seem pretty simple and easy I just want to make sure I go about it the right way.

My understanding is that I can give them a 30 day notice to vacate. 

  1. Do you any of you have a form you recommend me using for this?
  2. How do I deliver it to them, is it as simple as posting it on their door or hand delivering it to them?
  3. I'm confused by some of the stuff I've read that if I don't give it to them the notice by the 1st of the month, and since I will be giving them the notice essentially on the 12th that I will need to give them until the end of next month so until October 31st, is that correct? 

Thanks in advance, we would appreciate any responses!

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Accountant · West Valley City, UT · Member since 2015 · 20 posts · 7 votes
8y

Hi Preston,

Why don't you occupy the unit that is currently vacant, then give that tenant notice that as the new owner you are raising the rent to market? 

If he does not want to pay the increased amount he will leave in his own. Which is much simpler than an eviction.

If he does agree to the increase you've got a good long term tenant that always pays on time.

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  • Accountant · West Valley City, UT · Member since 2015 · 20 posts · 7 votes
    8y

    Hi Preston,

    Why don't you occupy the unit that is currently vacant, then give that tenant notice that as the new owner you are raising the rent to market? 

    If he does not want to pay the increased amount he will leave in his own. Which is much simpler than an eviction.

    If he does agree to the increase you've got a good long term tenant that always pays on time.

  • Broker · Logan, UT · Member since 2013 · 1k+ posts · 1k+ votes
    8y

    Make sure you follow any notice requirements in the lease. 

    I agree with @Brad McBride.  Why not move in, get your footing and get to know your tenants?  Your tenant paying under market may be an excellent tenant in every other way.  You're going into winter.  There may be undiscovered issues with the unit.  An under market tenant may not be your biggest problem.

    I'd recommend easing into landlording and getting your systems in place rather than cleaning house and risking Holiday Season (and winter temperature) vacancies.

  • Rental Property Investor · Sandy, UT · Member since 2017 · 16 posts · 1 vote
    8y

    @Brad McBride Hi Brad, thanks for the reply. So the unit I plan to occupy was tested positive for meth, which is why we're trying to get those tenants out and clean the unit ASAP. We figured we would rent out the rent ready unit. We do have a place to stay at while we rehab the "meth" unit. 

  • Rental Property Investor · Sandy, UT · Member since 2017 · 16 posts · 1 vote
    8y
    Originally posted by @William Hochstedler:

    Make sure you follow any notice requirements in the lease. 

    I agree with @Brad McBride.  Why not move in, get your footing and get to know your tenants?  Your tenant paying under market may be an excellent tenant in every other way.  You're going into winter.  There may be undiscovered issues with the unit.  An under market tenant may not be your biggest problem.

    I'd recommend easing into landlording and getting your systems in place rather than cleaning house and risking Holiday Season (and winter temperature) vacancies.

     Hi William, thanks for the reply! Per my reply with Brad, the unit I plan to occupy was tested positive for meth, which is why we're trying to get those tenants out and clean the unit ASAP. We figured we would rent out the rent ready unit. We do have a place to stay at while we rehab the "meth" unit. 

    Do you by chance have any advice to my original 3 questions?

  • Real Estate Broker · Provo, UT · Member since 2013 · 689 posts · 511 votes
    8y

    Utah is a 15 day notice state. 

    You can get a notice form here.  https://www.utcourts.gov/howto/landlord/docs/15_da...

    I would assume you can use your own form, however any time you can use a state/court approved form, I recommend you do.

    The 2nd page has info about serving.

  • Rental Property Investor · Sandy, UT · Member since 2017 · 16 posts · 1 vote
    8y
    Thanks for the reply, Blair. So their current lease states either tenant or landlord needs to give at least a 30 day notice to terminate the lease. Can I still give them 15 days? Or do I have to adhere to the lease of 30 days
     
    Originally posted by @Blair Poelman:

    Utah is a 15 day notice state. 

    You can get a notice form here.  https://www.utcourts.gov/howto/landlord/docs/15_da...

    I would assume you can use your own form, however any time you can use a state/court approved form, I recommend you do.

    The 2nd page has info about serving.

  • Real Estate Broker · Provo, UT · Member since 2013 · 689 posts · 511 votes
    8y

    @Preston Seo  When you buy a property with a tenant you have to honor any existing leases - so do whatever the lease says you will do.

  • Rental Property Investor · Sandy, UT · Member since 2017 · 16 posts · 1 vote
    8y
    Ok, I appreciate the advice. So their lease states “The party seeking to terminate the lease must give the other party 30 days notice or must provide notice according to the applicable state law for month-to-month tenancies” 

    Does this mean if I were to give the non-rewenal notice 9/12/2018 they have to leave by 10/12/2018? Or would I need to give them until October 31 to move out? 

     Originally posted by @Blair Poelman:

    @Preston Seo  When you buy a property with a tenant you have to honor any existing leases - so do whatever the lease says you will do.

  • Real Estate Broker · Provo, UT · Member since 2013 · 689 posts · 511 votes
    8y

    @Preston Seo  typically your tenants are going to move out at the end of the month.  It can be tough to find a place to move into in the middle of the month - but if your lease doesn't specify a time during the month, you could have them move out in the middle of the month.  

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