Utah Code 57-26-110. Notification to tenant — Form
Terms Used In Utah Code 57-26-110
- Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
- Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102
- Rents: means :(12)(a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;(12)(b) sums payable to an assignor under a policy of rental interruption insurance covering real property;(12)(c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;(12)(d) sums payable to terminate an agreement to possess or occupy real property of another person;(12)(e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or(12)(f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102
- Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Utah Code 57-26-102
No particular phrasing is required for the notification specified in Section 57-26-109. However, the following form of notification, when properly completed, is sufficient to satisfy the requirements of Section 57-26-109:
NOTIFICATION TO PAY RENTS TO PERSON OTHER THAN LANDLORD Tenant: _______________________________________________________________
Name of Tenant
Property Occupied by Tenant (the “Premises”): ________________________________
Address
Landlord: ____________________________________________________________
Name of landlord
Assignee: ____________________________________________________________
Name of assignee
Address of Assignee and Telephone Number of Contact Person:
_____________________________________________________________________
Address of assignee
_____________________________________________________________________
Telephone number of person to contact
1. The Assignee named above has become the person entitled to collect your rents on the Premises listed above under ________________________________________________
Name of document
(the “Assignment of Rents”) dated __________, and recorded at _______________________
Date Recording data
in the ______________________________________________________________________.
Appropriate governmental office under the recording act of this state
You may obtain additional information about the Assignment of Rents and the Assignee’s right to enforce it at the address listed above.
2. The Landlord is in default under the Assignment of Rents. Under the Assignment of Rents, the Assignee is entitled to collect rents from the Premises.
3. This notification affects your rights and obligations under the agreement under which you occupy the Premises (your “Agreement”). In order to provide you with an opportunity to consult with a lawyer, if your next scheduled rental payment is due within 30 days after you receive this notification, neither the Assignee nor the Landlord can hold you in default under your Agreement for nonpayment of that rental payment until 10 days after the due date of that payment or 30 days following the date you receive this notification, whichever occurs first. You may consult a lawyer at your expense concerning your rights and obligations under your Agreement and the effect of this notification.
4. You must pay to the Assignee at the address listed above all rents under your Agreement which are due and payable on the date you receive this notification and all rents accruing under your Agreement after you receive this notification. If you pay rents to the Assignee after receiving this notification, the payment will satisfy your rental obligation to the extent of that payment.
5. Unless you occupy the Premises as your primary residence, if you pay any rents to the Landlord after receiving this notification, your payment to the Landlord will not discharge your rental obligation, and the Assignee may hold you liable for that rental obligation notwithstanding your payment to the Landlord.
6. If you have previously received a notification from another person that also holds an assignment of the rents due under your Agreement, you should continue paying your rents to the person that sent that notification until that person cancels that notification. Once that notification is canceled, you must begin paying rents to the Assignee in accordance with this notification.
7. Your obligation to pay rents to the Assignee will continue until you receive either:
(a) a written order from a court directing you to pay the rent in a manner specified in that order; or
(b) written instructions from the Assignee canceling this notification.
_________________________________________
Name of assignee
_________________________________________
By: Officer/authorized agent of assignee