Can My Utah Landlord Evict Me From Part of My Rental and Charge $25-a-Day Late Fees?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I used to rent the basement and upstairs portion of a house, with rent of about $2,250 and a daily late fee of $25 written into my lease. Last month, my landlord served me an eviction notice but did not follow through on it. We talked, and he gave me more days to pay, so I stayed. Last week, he evicted me from the upstairs portion and told me to stay in the basement. Last night, he sent me a 3-day pay-or-vacate notice over text message, saying I have to be out today and that he is bringing the sheriff. He has charged me several hundred dollars in late fees, which I believe is unfair, and I cannot keep up with these late fees. What should I do?
Attorney Answer
Utah law puts real limits on both the late fees your landlord can charge and how an eviction has to happen, and it sounds like both may have been crossed here. Start with the late fees. Under Utah's Fit Premises Act, a landlord cannot charge a late fee that is more than the greater of $75 or 10% of your monthly rent. At $2,250 rent, 10% is $225, so a fee that has grown to $850 likely exceeds what Utah law allows, even if a $25-per-day figure is written into your lease. That is worth raising directly with your landlord in writing, and with a court if it comes to that.
Next, the notice you got last night. To evict you for unpaid rent, Utah Code § 78B-6-802 requires a written notice giving you at least three business days to pay the amount due or move out before your landlord can even file an eviction case in court. A notice sent by text last night demanding you leave "today" does not follow that timeline, and by itself does not give your landlord the right to remove you or your belongings.
That leads to the bigger issue: being locked out of the upstairs unit and told to stay in the basement. Utah law does not allow a landlord to remove a tenant from any part of a rental unit without first winning an eviction case in court. Even after winning, only a law enforcement officer carries out the actual removal, not the landlord. A landlord who changes locks, blocks access, or otherwise forces a tenant out without a court order can be liable for your damages.
What you can do right now: 1. Do not move out today based only on the text message. Utah law requires a proper written notice and a court process before you can lawfully be forced out. 2. Put in writing that you dispute the $850 in late fees as exceeding Utah's statutory cap, and keep a copy. 3. Save every text, notice, and payment record, since these will matter if this ends up in court. 4. Contact Utah Legal Services or a Utah landlord-tenant attorney today, given how fast this is moving. 5. If a sheriff does arrive without a court order and eviction judgment, you can ask to see it. Only a court-ordered eviction lets law enforcement remove you.
This is general legal information, not legal advice. A local Utah attorney or a legal aid organization can review your lease and the notices you received and advise you on your specific situation right away.
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Frequently Asked Questions
Is a $25-per-day late fee enforceable in Utah?
Utah law caps late fees at the greater of $75 or 10% of your rent, so a fee written into a lease that produces $850 likely goes beyond what a landlord can legally collect. You can dispute the excess amount in writing and, if needed, in court.
Can my landlord lock me out without going to court?
No. Utah law requires a landlord to win an eviction case in court, and only a law enforcement officer can then remove a tenant. A landlord who locks you out or blocks part of the unit without a court order may be liable for your damages.
Does a text message count as a valid eviction notice in Utah?
It can, depending on your lease, but the notice still has to give you the legally required time, generally at least three business days for a pay-or-vacate notice, and cannot demand you leave the same day.
