A three-day nuisance notice does not give you a chance to remedy a problem. It simply requires that you move out within three days after being served the notice. A nuisance is something which interferes with someone else's comfortable enjoyment of their life or property. Anything which injures health, is indecent, offensive to the senses, or interferes with someone's free use of property can be a nuisance. There are two types of nuisance, criminal nuisance and non-criminal nuisance:
CRIMINAL NUISANCE INCLUDES ONLY THE FOLLOWING:
Committing a felony
Committing a criminal act affecting the health or safety of a tenant, the landlord, the landlord's agent, or other person on the landlord's property.
Committing a criminal act causing damage or loss to any tenant's property or the landlord's property.
Committing a drug or gang related criminal act.
Threatening violence against any tenant or other person on the premises, or against the landlord or the landlord's agent.
Committing any other criminal act that directly impacts the peaceful enjoyment of the premises by any tenant or neighbor, for example, violating building or health codes.
EXAMPLES OF NON-CRIMINAL NUISANCE
Disturbing other tenants or neighbors.
Having parties so frequently as to interfere with any neighbor's quiet enjoyment.
Having so many visitors so frequently as to interfere with any neighbor's quiet enjoyment.
Smoking and the tenant's tobacco smoke drifts into another rental unit, but only if the landlord prohibits smoking in all units.
Buying , selling, manufacturing, storing, or dispensing illegal drugs or ingredients for illegal drugs. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
Gambling which interferes with any neighbor's quiet enjoyment. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
Regularly committing prostitution or promoting prostitution. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
Weapons violations contrary to Utah Code § 76-10-101 et Seq. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
Committing criminal acts along with another person. These acts are determined by statute, but may include such things as assault, homicide, kidnapping, felony sexual offenses, sexual exploitation of a minor, destruction of property, burglary, criminal trespass, robbery, aggravated robbery, theft, fraud, extortion, bribery, explosives offenses, weapons offenses, pornography, communications fraud. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
NOTE: Failure to pay rent or any other money owed to a landlord is not a nuisance.
NOTE: Failing to comply with the rental agreement is not a nuisance.
To calculate the three days, you don't count the day you receive the notice. You count the next three calendar days including weekends and holidays. The day after you receive the notice is day one.
If you do not move out within three days of receiving this notice, the landlord can proceed with the second step of the eviction which is to file a lawsuit in court.