Partial Rent Payments and Eviction Risks for Utah Renters

Utah renters sometimes have difficulty paying the full rent on time. If you’re considering making a partial rent payment, understanding how this affects your eviction risk can help you protect your housing. Let’s look at what Utah law says, how landlords may respond, and what steps you can take if you’re behind on rent.

How Partial Rent Payments Work in Utah

Utah rental law allows tenants to submit partial rent payments. However, it’s important to know that landlords are not required to accept a payment that is less than the total rent owed, unless they agree in writing.

• If your landlord accepts a partial payment, eviction proceedings may still continue—unless both you and the landlord sign a written agreement stating the payment satisfies the current rent owed.
• Utah landlords can still give you a 3-Day Notice to Pay or Vacate if full rent isn’t paid on time.
• Always try to get written confirmation if a landlord agrees to accept partial rent and delay or halt eviction.

See the Utah Code § 78B-6-802 for the specific law on eviction and rent payment requirements.^[1]

What Happens After a Partial Payment?

If you make a partial payment, your landlord may:

• Continue the eviction process (unless a written agreement halts it)
• Require that you pay the remaining balance within a new deadline
• Return your payment, or apply it to your outstanding balance

Eviction for nonpayment of rent is a formal legal process, so pay attention to all notices you receive.

The 3-Day Notice to Pay or Vacate (Official Form)

• Form Name: 3-Day Notice to Pay Rent or Vacate
• When and How It’s Used: Landlords serve this notice when rent is not fully paid on time. It gives you three calendar days to pay all the past due rent or move out. If you pay in full within those three days, eviction stops.
• Utah Courts – Sample 3-Day Notice to Pay or Vacate

Eviction Tribunal and Legal Process in Utah

Eviction cases for renters are handled in the Utah District Courts system. You can learn more about the eviction timeline and court process at the Utah Courts Eviction Information page.^[2]

Legal Protections and Risks: What Utah Law Says

The relevant law for Utah renters is found in the Utah Fit Premises Act and the eviction section of the Utah Code § 78B-6-802.^[1][3]

• Utah law does not automatically protect you from eviction for making a partial payment, unless you and your landlord sign a written agreement to waive or delay it.
• If you receive an eviction notice, you have the right to respond in court if you think it is unlawful.

Other Important Forms for Renters Facing Eviction

• Landlord-Tenant Answer (Utah Courts Self-Help): If your landlord files an eviction (unlawful detainer) lawsuit, you can use this form to respond and state your reasons for nonpayment or explain partial payments.
  Utah Courts – Landlord-Tenant Answer Form

After receiving a 3-Day Notice and before eviction, you generally have the option to pay the full amount or work out an agreement. If you receive a Summons and Complaint (court documents), you must respond quickly to avoid a default eviction judgment.

What Should You Do If You Can’t Pay Full Rent?

• Contact your landlord in writing to request payment arrangements or an extension.
• Keep records of all payments and communications (texts, emails, receipts).
• Seek help from local renter assistance programs or Utah’s resources (see below).
• Respond immediately to any legal notices—time limits are strict.

Staying proactive and transparent with your landlord can sometimes prevent eviction or help you negotiate a payment plan.

FAQ: Partial Rent Payments and Evictions in Utah

1. Can a Utah landlord evict me after accepting a partial rent payment?
   Yes. Unless you have a written agreement stating the partial payment will prevent eviction, your landlord can move forward with the eviction process.
2. What should I do if I receive a 3-Day Notice to Pay or Vacate?
   Act quickly. Pay any remaining rent in full if possible, or contact your landlord to request an agreement in writing. If you receive court documents, file a formal answer using the Utah Courts form.
3. Does Utah law protect me if I can only pay part of my rent?
   No. Utah law allows landlords to evict for nonpayment even if some rent is received, unless you and the landlord agree otherwise in writing.
4. Can my landlord refuse a partial rent payment?
   Yes. Unless your lease says otherwise or the landlord chooses to accept it, they may refuse payments less than the full rent amount owed.
5. Where can I get legal help or forms if I’m facing eviction?
   You can visit the Utah Courts Eviction Help page for official forms, instructions, and legal resources.

Need Help? Resources for Utah Renters

• Utah Courts Eviction Information and Forms – Guides, timelines, and official forms for eviction and tenant response.
• Utah Eviction Law (Utah Code § 78B-6-802) – Full legislation text.
• Utah Fit Premises Act – Residential landlord-tenant law details.
• Utah Legal Services – Eviction Help – Free or low-cost legal assistance for renters facing eviction.

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1. Utah Code § 78B-6-802 – Forcible Entry and Detainer; Unlawful Detainer
2. Utah District Courts – Landlord/Tenant & Eviction Process
3. Utah Fit Premises Act

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