Utah Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment

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Description

Abandonment is the act of intentionally relinquishing, without reservation, a known right without reference to any particular person or purpose. In some jurisdictions, carriers, innkeepers and other designated parties are authorized by statute to sell abandoned or unclaimed freight, baggage or other personal property under specified conditions. These statutes generally require that the property remain unclaimed for a designated period and that notice of the sale be given.


A notice of sale of abandoned property must be given in strict compliance with the terms of the governing statute. Notice of a public sale of unclaimed or abandoned property is typically required to be published in a newspaper of general circulation in the county where the sale is to be held.


Most states have enacted legislation providing for the escheat of abandoned and unclaimed property, or giving custody of such property to the state. These statutes generally set forth procedures, whereby the owner may file a claim and obtain restoration of the property within a designated period of time.

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FAQ

Case Number 1: The landlord can assume you abandoned the rental unit if you have property in the rental unit, and: The rent is more than 15 days late, AND. There is no other reasonable evidence that you are still living there.

View Details: 3 day notice to pay or vacate This notice is used if the tenant owes rent or other money. This notice tells the tenant they have 3 business days to pay all of the money listed on the notice or move out. It must give the tenant the option to pay all of the money.

Abandonment. The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent within 15 days after the due date, and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the premises.

Utah Code Section 78B-6-812. If the premises are abandoned, the landlord may make a list of the tenant's personal property, remove it and store it. In order to legally remove the tenant's personal property, the landlord must post in a conspicuous place a notice that the personal property is considered abandoned.

The tenant has the right to dwell in a safe and sanitary housing unit. They have the right to have their dangers and issues responded to in a safe and timely manner. They have the right to quiet contentment and they should be given a reasonable notice before the landlord enters their house or premises.

Abandoned premises defined A landlord cannot evict a tenant without a court order. However, a landlord can recover possession if the premises have been abandoned. There are two circumstances in which a landlord can decide the premises have been abandoned. the tenant fails to pay rent within 15 days after the due date.

Utah Tenant Right in Evictions If the landlord has sold the property, they should give the tenant a 15-day notice in a month-to-month lease, but there is a Utah tenant right that allows the person(s) to stay in the property until the end of a yearlong lease.

Under Utah Code 76-5-109, child abandonment is defined as a parent or legal guardian with custody of a child (a person under age 18), leaving the child for 30 days or longer.

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Utah Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment