Except as otherwise provided in Subsections (3) and (4), a person gives a notification or a copy of a notification under this chapter:
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Terms Used In Utah Code 57-26-103
Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. 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
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 :
(a)
sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
(b)
sums payable to an assignor under a policy of rental interruption insurance covering real property;
(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;
(d)
sums payable to terminate an agreement to possess or occupy real property of another person;
(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
(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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
by depositing it with the United States Postal Service or with a commercially reasonable delivery service, properly addressed to the intended recipient’s address as specified in Subsection (2), with first-class postage or cost of delivery provided for; or
(b)
if the recipient agreed to receive notification by facsimile transmission, electronic mail, or other electronic transmission, by sending it to the recipient in the agreed manner at the address specified in the agreement.
(2)
The following rules determine the proper address for giving a notification under Subsection (1):
(a)
A person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but, if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(b)
A person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but, if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(c)
If a tenant‘s agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement.
(3)
If a person giving a notification pursuant to this chapter and the recipient have agreed to 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 in accordance with Subsection (1) or (3).
