Utah Notice of Belief of Abandonment of Leased Premises

State:
Multi-State
Control #:
US-857LT
Format:
Word; 
Rich Text
Instant download

Description

Notice from Landlord to Tenant of Landlord's belief of Tenant's abandonment of the leased premises. Warning to Tenant that consequenses including termination are forthcoming.

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FAQ

If a tenant is behind on rent, and the tenant has not occupied the premises for five days consecutively and most of the personal belongings of the tenant have been removed, many leases state that the landlord can consider the premises to be abandoned. (What does your lease say?)

Finally, the tenant must get the property. All of these things must be done within 15 calendar days after the date of the notice that the premises have been abandoned. After 15 days, the landlord may sell the personal property and can keep any amount the tenant owes.

Pursuant to Utah law (Utah Code Ann 78B-6-815), a property is abandoned when (1) the tenant is absent without telling the landlord that they will be gone, (2) there is no reasonable evidence that the tenant is occupying the premises," and (3) either (a) If the tenant's possessions are removed, it is abandoned when

An abandonment notice is a written statement that must be displayed in a prominent, accessible position on the property informing the tenant that the locks have been changed and where to find a replacement key if they wish to return.

A "Tenant at Will" is someone that does not have legal permission to reside in your property. For example, a Tenant At Will usually exists where the landlord does not have (and has not had) any lease agreement in place (whether written or oral).

Sometimes a Utah rental agreement includes an early termination clause that lets you off the hook for remaining rent. In exchange for terminating your lease early, you must pay a penalty. This early termination clause may require a specific amount of notice such as 15 or 30 days. It should also state the fee amount.

Abandoned Property is a post-independence problem affecting landed and industrial properties abandoned by many during and after the War of Liberation.

Failure to respond to a tenant abandonment notice If you still haven't heard from any of the interested parties explaining whether the property has been abandoned or not, you must issue a third warning. You must serve this notice at least 6 days before the period of 8 weeks has expired.

An abandonment notice has no legal standing and does not end a tenancy. If a tenant in this situation returns to the property after a lengthy absence, for example a long holiday or a period in hospital, to find that it has been repossessed by the landlord this may amount to an illegal eviction.

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Utah Notice of Belief of Abandonment of Leased Premises