3 Day Notice of Material Breach - 3 Days to Cure - Residential
78-36-3 Unlawful detainer by tenant for term less than
life.
(1) A tenant of real property, for a term less than life, is guilty
of an unlawful detainer:
(a) when he continues in possession, in person or by subtenant,
of the property or any part of it, after the expiration of the specified
term or period for which it is let to him, which specified term or period,
whether established by express or implied contract, or whether written
or parol, shall be terminated without notice at the expiration of the specified
term or period;
(b) when, having leased real property for an indefinite time with
monthly or other periodic rent reserved:
(i) he continues in possession of it in person or by subtenant
after the end of any month or period, in cases where the owner, his designated
agent, or any successor in estate of the owner, 15 days or more prior to
the end of that month or period, has served notice requiring him to quit
the premises at the expiration of that month or period; or
(c) when he continues in possession, in person or by subtenant, after
default in the payment of any rent and after a notice in writing requiring
in the alternative the payment of the rent or the surrender of the detained
premises, has remained uncomplied with for a period of three days after
service, which notice may be served at any time after the rent becomes
due;
(d) when he assigns or sublets the leased premises contrary to the
covenants of the lease, or commits or permits waste on the premises, or
when he sets up or carries on any unlawful business on or in the premises,
or when he suffers, permits, or maintains on or about the premises any
nuisance, including nuisance as defined in Section 78-38-9, and remains
in possession after service upon him of a three days' notice to quit; or
(e) when he continues in possession, in person or by subtenant,
after a neglect or failure to perform any condition or covenant of the
lease or agreement under which the property is held, other than those previously
mentioned, and after notice in writing requiring in the alternative the
performance of the conditions or covenant or the surrender of the property,
served upon him and upon any subtenant in actual occupation of the premises
remains uncomplied with for three days after service. Within three days
after the service of the notice, the tenant, any subtenant in actual occupation
of the premises, any mortgagee of the term, or other person interested
in its continuance may perform the condition or covenant and thereby save
the lease from forfeiture, except that if the covenants and conditions
of the lease violated by the lessee cannot afterwards be performed, then
no notice need be given.
(2) Unlawful detainer by an owner resident of a mobile home is determined
under Title 57, Chapter 16, Mobile Home Park Residency Act.
(3) The notice provisions for nuisance in Subsection 78-36-3 (1)(d)
are not applicable to nuisance actions provided in Sections 78-38-9 through
78-38-16 only.
78-36-4 Right of tenant of agricultural lands to hold over.
In all cases of tenancy upon agricultural lands, where the tenant has held
over and retained possession for more than 60 days after the expiration
of his term without any demand of possession or notice to quit by the owner,
his designated agent, or his successor in estate, he shall be deemed to
be held by permission of the owner, his designated agent, or his successor
in estate, and shall be entitled to hold under the terms of the lease for
another full year, and shall not be guilty of an unlawful detainer during
that year; and the holding over for the 60-day period shall be taken and
construed as a consent on the part of the tenant to hold for another year.
