Utah Code § 78B-6-801 § 78B-6-815
Abandonment.
Operative Text
Abandonment. (1) Abandonment is presumed in either of the following situations: (a) 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. (b) The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent when due and the tenant's personal property has been removed from the dwelling unit and there is no reasonable evidence that the tenant is occupying the premises. (2) Abandonment is established as a matter of law if the owner has reason to believe that the presumption of abandonment under Subsection (1) has been met, the owner serves the tenant with a declaration of abandonment, and the tenant fails to dispute or rebut the declaration of abandonment in accordance with this Subsection (2). (a) The tenant may be served with a declaration of abandonment that includes at least a contact address for the owner, contains a brief factual basis supporting the owner's reasonable belief that the presumption of abandonment under Subsection (1) has been met, and states the date and time of service and includes the following language, or language that is substantially similar: "It is believed that these premises are abandoned and the owner is seeking to regain possession of the premises. If a tenant in legal possession of the premises has not abandoned the premises, the tenant must dispute abandonment in writing within 24 hours of service of this declaration of abandonment by providing a copy to the owner at the contact address included with this declaration of abandonment. If written notice is not served on the owner within 24 hours, the owner may retake possession of the premises." The 24-hour period stated in this Subsection (2)(a) does not include a Saturday, a Sunday, or a holiday during which the Utah state courts are closed. (b) Service of the declaration of abandonment by the owner and any dispute or rebuttal by the tenant shall be made pursuant to Section 78B-6-805. (c) If the tenant fails to dispute the declaration of abandonment in writing by serving notice to the owner within 24 hours of being served a declaration of abandonment, excluding a Saturday, a Sunday, or a holiday during which the Utah state courts are closed, the declaration of abandonment serves as prima facia evidence that the tenant has vacated and abandoned the premises. (d) The tenant bears the burden to rebut an abandonment that is established by a declaration of abandonment by clear and convincing evidence.
Utah Code Ann. § 78B-6-815 establishes two ways a residential tenancy can be treated as abandoned. First, abandonment is presumed when a tenant has not notified the owner of an absence, has not paid rent within 15 days of the due date, and there is no reasonable evidence of occupancy beyond personal property still on site. Second, an owner who reasonably believes abandonment has occurred may serve a formal declaration of abandonment; if the tenant does not respond in writing within 24 hours (excluding weekends and Utah court holidays), that declaration becomes prima facie evidence of abandonment as a matter of law, and the tenant then bears the burden of rebutting it by clear and convincing evidence.
Plain English — not legal advice.
Under § 78B-6-815, a compliant property owner who suspects abandonment typically documents the factual basis for that belief before taking any action — noting missed rent, lack of communication, and the condition of the unit. If the presumption conditions appear to be met, operators generally serve a written declaration of abandonment that includes a contact address, a factual summary, and the specific statutory notice language (or substantially similar language) informing the tenant of the 24-hour window to dispute. Owners also ensure service is carried out in accordance with § 78B-6-805 and account for the exclusion of Saturdays, Sundays, and Utah court holidays when calculating that response window.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
§ 78B-6-815 gives tenants a critical but narrow window to protect their right to possession: if a landlord serves a declaration of abandonment, a tenant who has not actually vacated must respond in writing to the owner's contact address within 24 hours of service — not counting Saturdays, Sundays, or Utah court holidays. Failing to respond allows the declaration to stand as prima facie evidence of abandonment, and the tenant would then need to overcome that finding by clear and convincing evidence. Tenants who receive such a declaration may want to contact a tenant-rights organization or legal aid provider promptly to understand the dispute and rebuttal process available under this provision.
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
References In
Rules and statutes that cite this regulation