Utah Code § 78B-6-801 § 78B-6-803
Right of tenant of agricultural lands to hold over.
Operative Text
Right of tenant of agricultural lands to hold over. In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than 60 days after the expiration of the term without any demand of possession or notice to quit by the owner, the tenant shall be considered to be in possession by permission of the owner. The tenant shall be entitled to hold under the terms of the lease for another full year and may not be guilty of an unlawful detainer during that year. The holding over for the 60-day period shall be taken and construed as a consent on the part of the tenant to hold for another year.
Utah Code Ann. § 78B-6-803 addresses what happens when a tenant farming agricultural land stays on the property after their lease ends. If the landowner does not demand possession or issue a notice to quit within 60 days of the lease's expiration, the law treats the tenant's continued presence as having the owner's permission. At that point, the tenancy is automatically extended for a full additional year under the original lease terms, and the tenant cannot be found guilty of unlawful detainer during that extended year.
Plain English — not legal advice.
Under Utah Code Ann. § 78B-6-803, agricultural landowners who wish to end a tenancy at the close of a lease term generally act promptly—within the 60-day window following expiration—to deliver a demand for possession or a notice to quit. Operators who allow a farming tenant to remain beyond that 60-day period without any such notice are treated by law as having consented to a new full-year tenancy on the existing lease terms. Keeping clear records of any notices issued, and the dates they were delivered, is a practice commonly associated with compliance in this area.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 78B-6-803 provides agricultural tenants with meaningful protection when a lease expires: if the landowner takes no action to reclaim possession within 60 days, the law recognizes the tenant as being in possession with the owner's permission and entitled to remain for another full year under the original lease. During that extended year, a tenant cannot be found guilty of unlawful detainer simply for remaining on the land. Tenants who believe this protection applies to their situation may wish to consult a tenant-rights organization or legal aid service familiar with Utah agricultural tenancy law to understand how this provision might bear on their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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