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UTAH STATUTES AND CODES
57-26-103 - Manner of giving notification.
57-26-103. Manner of giving notification.
(1) Except as otherwise provided in Subsections (3) and (4), a person gives a notificationor a copy of a notification under this chapter:
(a) by depositing it with the United States Postal Service or with a commerciallyreasonable delivery service, properly addressed to the intended recipient's address as specified inSubsection (2), with first-class postage or cost of delivery provided for; or
(b) if the recipient agreed to receive notification by facsimile transmission, electronicmail, or other electronic transmission, by sending it to the recipient in the agreed manner at theaddress specified in the agreement.
(2) The following rules determine the proper address for giving a notification underSubsection (1):
(a) A person giving a notification to an assignee shall use the address for notices to theassignee provided in the document creating the assignment of rents, but, if the assignee hasprovided the person giving the notification with a more recent address for notices, the persongiving the notification shall use that address.
(b) A person giving a notification to an assignor shall use the address for notices to theassignor provided in the document creating the assignment of rents, but, if the assignor hasprovided the person giving the notification with a more recent address for notices, the persongiving the notification shall use that address.
(c) If a tenant's agreement with an assignor provides an address for notices to the tenantand the person giving notification has received a copy of the agreement or knows the address fornotices specified in the agreement, the person giving the notification shall use that address ingiving a notification to the tenant. Otherwise, the person shall use the address of the premisescovered by the agreement.
(3) If a person giving a notification pursuant to this chapter and the recipient have agreedto the method for giving a notification, any notification must be given by that method.
(4) If a notification is received by the recipient, it is effective even if it was not given inaccordance with Subsection (1) or (3).
(1) Except as otherwise provided in Subsections (3) and (4), a person gives a notificationor a copy of a notification under this chapter:
(a) by depositing it with the United States Postal Service or with a commerciallyreasonable delivery service, properly addressed to the intended recipient's address as specified inSubsection (2), with first-class postage or cost of delivery provided for; or
(b) if the recipient agreed to receive notification by facsimile transmission, electronicmail, or other electronic transmission, by sending it to the recipient in the agreed manner at theaddress specified in the agreement.
(2) The following rules determine the proper address for giving a notification underSubsection (1):
(a) A person giving a notification to an assignee shall use the address for notices to theassignee provided in the document creating the assignment of rents, but, if the assignee hasprovided the person giving the notification with a more recent address for notices, the persongiving the notification shall use that address.
(b) A person giving a notification to an assignor shall use the address for notices to theassignor provided in the document creating the assignment of rents, but, if the assignor hasprovided the person giving the notification with a more recent address for notices, the persongiving the notification shall use that address.
(c) If a tenant's agreement with an assignor provides an address for notices to the tenantand the person giving notification has received a copy of the agreement or knows the address fornotices specified in the agreement, the person giving the notification shall use that address ingiving a notification to the tenant. Otherwise, the person shall use the address of the premisescovered by the agreement.
(3) If a person giving a notification pursuant to this chapter and the recipient have agreedto the method for giving a notification, any notification must be given by that method.
(4) If a notification is received by the recipient, it is effective even if it was not given inaccordance with Subsection (1) or (3).
Enacted by Chapter 139, 2009 General Session
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