Full text of Utah Utah Code § 57-16-6 — Action for lease termination -- Prerequisite procedure., with citation guidance and answers to common questions.
§ 57-16-6. Action for lease termination -- Prerequisite procedure.
Effective 5/9/2017
57-16-6.
Action for lease termination -- Prerequisite procedure.
A legal action to terminate a lease based upon a cause set forth in Section
57-16-5 may not be commenced except in accordance with the following procedure:
| (1) |
Before issuance of any summons and complaint, the mobile home park shall send or serve written notice to the resident or person:
| (a) |
by delivering a copy of the notice personally; |
| (b) |
by sending a copy of the notice through registered or certified mail addressed to the resident or person at the person's place of residence; |
| (c) |
if the resident or person is absent from the person's place of residence, by leaving a copy of the notice with some person of suitable age and discretion at the individual's residence and sending a copy through registered or certified mail addressed to the resident or person at the person's place of residence; or |
| (d) |
if a person of suitable age or discretion cannot be found, by affixing a copy of the notice in a conspicuous place on the resident's or person's mobile home and also sending a copy through registered or certified mail addressed to the resident or person at the person's place of residence. |
|
| (2) |
| (a) |
The notice required by Subsection (1) shall set forth:
| (i) |
the cause for the notice and, if the cause is one which can be cured, the time within which the resident or person has to cure; and |
| (ii) |
the time after which the mobile home park may commence legal action against the resident or person if cure is not effected. |
|
| (b) |
In addition to the requirements described in Subsection (2)(a), the notice shall conform to the following:
| (i) |
in the event of failure to abide by a mobile home park rule, the notice shall provide for a cure period as provided in Subsections 57-16-5(1)(a) and (2), except in the case of repeated violations and, shall state that if a cure is not timely effected, or a written agreement made between the mobile home park and the resident allowing for a variation in the rule or cure period, eviction proceedings may be initiated immediately; |
| (ii) |
if a resident, a member, or invited guest or visitor of the resident's household commits repeated violations of a rule, a summons and complaint may be issued three days after a notice is served; |
| (iii) |
if a resident, a member, or invited guest or visitor of the resident's household behaves in a manner that threatens or substantially endangers the well-being, security, safety, or health of other persons in the park or threatens or damages property in the park, eviction proceedings may commence immediately; |
| (iv) |
if a resident does not pay rent, fees, or service charges, the notice shall provide a five-day cure period and, that if cure is not timely effected, or a written agreement made between the mobile home park and the resident allowing for a variation in the rule or cure period, eviction proceedings may be initiated immediately; and |
| (v) |
if a lease is terminated because of a planned change in land use or condemnation of the park or a portion of the park, the notice required by Section 57-16-18 serves as notice of the termination of the lease. |
|
|
| (3) |
| (c) |
If unlawful detainer is charged, the summons shall include the number of days within which the defendant is required to appear and defend the action, which shall not be less than five days or more than 21 days from the date of service. |
|
Amended by Chapter
329, 2017 General Session
Frequently Asked Questions About Utah § 57-16-6
What does Utah Code § 57-16-6 cover?
Section 57-16-6 ("Action for lease termination -- Prerequisite procedure.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 57-16-6?
A common citation format is "Utah Code § 57-16-6" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 57-16-6 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
