Effective 8/31/2020 78B-6-802. Unlawful detainer by tenant for a term less than life. (1) A tenant holding real property for a term less than life is guilty of an unlawful detainer if the tenant: (a) continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration […]
78B-6-802.5. Unlawful detainer after foreclosure or forced sale. A previous owner, trustor, or mortgagor of a property is guilty of unlawful detainer if the person: (1) defaulted on his or her obligations resulting in disposition of the property by a trustee’s sale or sheriff’s sale; and (2) continues to occupy the property after the trustee’s […]
78B-6-803. 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 […]
78B-6-804. Remedies available to tenant against undertenant. A tenant may take proceedings similar to those prescribed in this part to obtain possession of premises let to an undertenant in case of the undertenant’s unlawful detention of the premises. Renumbered and Amended by Chapter 3, 2008 General Session
Effective 5/8/2018 78B-6-805. Notice — How served. (1) A notice required by this part may be served: (a) by delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant’s usual place of business by leaving a copy of the notice with a […]
78B-6-806. Necessary parties defendant. (1) No person other than the tenant of the premises, a lease signer, and subtenant if there is one in the actual occupation of the premises when the action is commenced, may be made a party defendant in the proceeding, except as provided in Section 78B-6-1111. A proceeding may not abate, […]
Effective 5/8/2018 78B-6-807. Allegations permitted in complaint — Time for appearance — Service. (1) The plaintiff, in the plaintiff’s complaint: (a) shall set forth the facts on which the plaintiff seeks to recover; (b) may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry, or forcible or […]
78B-6-808. Possession bond of plaintiff — Alternative remedies. (1) At any time between the filing of the complaint and the entry of final judgment, the plaintiff may execute and file a possession bond. The bond may be in the form of a corporate bond, a cash bond, certified funds, or a property bond executed by […]
Effective 5/10/2016 78B-6-809. Proof required of plaintiff — Defense. (1) On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was in actual peaceable possession at the time of the […]
Effective 5/12/2020 78B-6-810. Court procedures. (1) In an action under this chapter in which the tenant remains in possession of the property: (a) the court shall expedite the proceedings, including the resolution of motions and trial; (b) the court shall begin the trial within 60 days after the day on which the complaint is served, […]
Effective 5/12/2020 78B-6-811. Judgment for restitution, damages, and rent — Immediate enforcement — Remedies. (1) (a) A court may: (i) enter a judgment upon the merits or upon default; and (ii) issue an order of restitution regardless of whether a judgment is entered. (b) A judgment entered in favor of the plaintiff shall include an […]
Effective 5/14/2019 78B-6-812. Order of restitution — Service — Enforcement — Disposition of personal property — Hearing. (1) An order of restitution shall: (a) direct the defendant to vacate the premises, remove the defendant’s personal property, and restore possession of the premises to the plaintiff, or be forcibly removed by a sheriff or constable; (b) […]
78B-6-813. Time for appeal. (1) Except as provided in Subsection (2), either party may, within 10 days, appeal from the judgment rendered. (2) In a nuisance action under Sections 78B-6-1107 through 78B-6-1114, any party may appeal from the judgment rendered within three days. Renumbered and Amended by Chapter 3, 2008 General Session
78B-6-814. Exclusion of tenant without judicial process prohibited — Abandoned premises excepted. It is unlawful for an owner to willfully exclude a tenant from the tenant’s premises in any manner except by judicial process, provided, an owner or his agent shall not be prevented from removing the contents of the leased premises under Subsection 78B-6-816(2) […]
Effective 5/8/2018 78B-6-815. Abandonment. (1) Abandonment is presumed in either of the following situations: (a) The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent within 15 days after the due date, and there is no reasonable evidence other than the presence […]
Effective 5/9/2017 78B-6-816. Abandoned premises — Retaking and rerenting by owner — Liability of tenant — Personal property of tenant left on premises. (1) In the event of abandonment, the owner may retake the premises and attempt to rent them at a fair rental value and the tenant who abandoned the premises shall be liable: […]
