Notice Period and Liability for Ending a Month-to-Month Tenancy
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 6, 2025
Legal Inquiry
Consumer Legal Issue
Can I get sued? I have lived in my apartment since may of 24’. I had a written 6 month lease that ended in November of 24’. My roommate ( my landlords granddaughter) told me he wanted to move to a month to month basis. We never had a written agreement re-signed. I asked him if we wanted to and all I got was a were good. I let the both of them know on the 21st if December I was actively looking to move in January of February. I got approved for my new apartment and am set to sign my lease on the 8th of January. I let them know this morning I would be leaving by the end of next week. (The 10th.) I was told I am required to give a 30 day notice of moving out by my landlord. I searched it up and it says if we have a month to month agreement it is 15 days in my state. (UT) I offered to pay a pro-rate for the days my stuff and I will be in the apartment in January (10 days) I don’t want to have to pay the whole amount if I will not be living in the apartment. If I do not pay the whole amount for January, can I be taken to small claims court?
He states that the 15 day notice starts today ( the 5th) and so I would need to pay him prorate until the 19th of January.
Attorney Answer
Yes, your landlord can take you to small claims court over the disputed January rent — but being sued is not the same as owing the money, and how much you actually owe depends on which statutory notice period applies to your unwritten month-to-month tenancy and when your notice started running.
Once a fixed-term lease expires and both sides keep operating on a month-to-month basis without signing a new written lease, Utah law generally supplies its own notice period for ending that tenancy, rather than leaving it purely up to whatever either side says informally. Where there's a dispute — like here, where you and the landlord disagree on the number of days and on when notice actually started running — the outcome often depends on exactly what was said and when, including your December 21 conversation and your more recent written notice.
Because there's no signed month-to-month agreement, the "15 days" and "30 days" positions may be arguing from different starting assumptions, and the landlord's claim that the clock only started this month is its own separate question. This is exactly the kind of dispute where getting the correct statutory notice period confirmed against your specific timeline matters before you decide how much to pay.
If the landlord believes you owe more than a prorated amount and you don't pay it, he can file in small claims court for the difference. That doesn't mean he would win — if the shorter notice period applies and you gave proper notice when you say you did, your liability may be limited to the prorated days you actually occupy the unit. But it does mean this can become a small claims case if it isn't resolved directly.
What you can do
1. Gather every relevant communication — your December 21 notice, any texts about "we're good," and anything from the landlord about a 30-day requirement. 2. Get written confirmation from the landlord of exactly what notice period he's applying and from what date. 3. Consult a Utah landlord-tenant attorney or a free legal aid clinic to confirm which statutory notice period governs your specific unwritten month-to-month arrangement and when it actually started running. 4. Consider paying the amount you believe is genuinely owed while the dispute is unresolved, and keep records of that payment and any refusal. 5. If you are sued in small claims court, appear and bring your full timeline and documentation — default judgments are avoidable simply by showing up.
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Frequently Asked Questions
What happens to a Utah lease when the fixed term ends and no new lease is signed?
When a tenant stays on after a fixed-term lease expires without a new written agreement, Utah law generally treats the tenancy as continuing on a periodic (commonly month-to-month) basis, subject to statutory notice requirements for ending it.
Can a landlord sue a tenant in small claims court over unpaid rent after move-out?
Yes. A landlord can file a small claims action for unpaid rent, including disputed prorated rent, and the tenant can appear and present evidence about notice given and amounts actually owed.
Who decides an ambiguous dispute over lease notice periods in Utah?
When landlord and tenant disagree about which notice period or start date applies, and there's no clear written agreement, a court resolves the dispute based on the applicable statute, the parties' communications, and the specific facts.
