Utah Code § 78B-6-801 § 78B-6-803

Right of tenant of agricultural lands to hold over.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026UtahRenewal & Non-Renewal

Operative Text

Utah Code § 78B-6-801 § 78B-6-803
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 the term without any demand of possession or notice to quit by the owner, the tenant shall be considered to be in possession by permission of the owner. The tenant shall be entitled to hold under the terms of the lease for another full year and may not be guilty of an unlawful detainer during that year. 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.
Source: Legislative text reproduced verbatim
Plain English

Utah Code Ann. § 78B-6-803 addresses what happens when a tenant farming agricultural land stays on the property after their lease ends. If the landowner does not demand possession or issue a notice to quit within 60 days of the lease's expiration, the law treats the tenant's continued presence as having the owner's permission. At that point, the tenancy is automatically extended for a full additional year under the original lease terms, and the tenant cannot be found guilty of unlawful detainer during that extended year.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Utah Code Ann. § 78B-6-803, agricultural landowners who wish to end a tenancy at the close of a lease term generally act promptly—within the 60-day window following expiration—to deliver a demand for possession or a notice to quit. Operators who allow a farming tenant to remain beyond that 60-day period without any such notice are treated by law as having consented to a new full-year tenancy on the existing lease terms. Keeping clear records of any notices issued, and the dates they were delivered, is a practice commonly associated with compliance in this area.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Utah Code Ann. § 78B-6-803 provides agricultural tenants with meaningful protection when a lease expires: if the landowner takes no action to reclaim possession within 60 days, the law recognizes the tenant as being in possession with the owner's permission and entitled to remain for another full year under the original lease. During that extended year, a tenant cannot be found guilty of unlawful detainer simply for remaining on the land. Tenants who believe this protection applies to their situation may wish to consult a tenant-rights organization or legal aid service familiar with Utah agricultural tenancy law to understand how this provision might bear on their circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Utah Code § 78B-6-811
Utah Code § 78B-6-812
Utah Code § 78B-6-812
Utah Code § 78B-6-810
Utah Code § 78B-6-805
Utah Code § 78B-6-808
Utah Code § 78B-6-816
Utah Code § 78B-6-816
Utah Code § 78B-6-801
Utah Code § 78B-6-814
Utah Code § 78B-6-805
Utah Code § 78B-6-812
Utah Code § 78B-6-811
Utah Code § 78B-6-805
Utah Code § 78B-6-802

Related Rules

§ 151.29
REGULATION OF LEASES IN MOBILEHOME PARKS
§ 1A
Land or tenements used for residential purposes; action by lessor under this chapter to recover possession; conditions and restrictions
§ 5-12-135
Jackson Park Expanded Fair Notice Pilot Program

Source Information

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Fetched:Oct 16, 2026, 09:55 AM UTC