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Utah Landlord Tenant Law - Click here to return to US Landlord

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State of Utah Eviction Law


78-36-1"Forcible entry" defined. Every person is guilty of a forcible entry, who either; (1) by breaking open doors, windows or other parts of a
house, or by fraud, intimidation or stealth, or by any kind of
violence or circumstances of terror, enters upon or into any
real property; or,
(2) after entering peaceably upon real property, turns
out by force, threats or menacing conduct the party in actual
possession. 


78-36-2"Forcible detainer" defined. Every person is guilty of a
forcible detainer who either:
(1) by force, or by menaces and threats of violence,
unlawfully holds and keeps the possession of any real property,
whether the same was acquired peaceably or otherwise; or,
(2) in the nighttime, or during the absence of the
occupants of any real property, unlawfully enters thereon, and,
after demand made for the surrender thereof, refuses for the
period of three days to surrender the same to such former
occupant. The occupant of real property within the meaning of
this subdivision is one who within five days preceding such
unlawful entry was in the peaceable and undisturbed
possession of such lands. 

78-36-3Unlawful detainer by tenant for term less than life. (1) 
A tenant of real property, for a term less than life, is guilty of
an unlawful detainer:
(a) when he continues in possession, in person or by
subtenant, of the property or any part of it, after the expiration
of the specified term or period for which it is let to him, which
specified term or period, whether established by express or
implied contract, or whether written or parol, shall be
terminated without notice at the expiration of the specified
term or period;
(b) when, having leased real property for an indefinite
time with monthly or other periodic rent reserved:
(i) he continues in possession of it in person or by
subtenant after the end of any month or period, in cases where
the owner, his designated agent, or any successor in estate of
the owner, 15 days or more prior to the end of that month or
period, has served notice requiring him to quit the premises at
the expiration of that month or period; or
(ii) in cases of tenancies at will, where he remains in
possession of the premises after the expiration of a notice of not
less than five days;
(c) when he continues in possession, in person or by
subtenant, after default in the payment of any rent and after a
notice in writing requiring in the alternative the payment of
the rent or the surrender of the detained premises, has
remained uncomplied with for a period of three days after
service, which notice may be served at any time after the rent
becomes due;
(d) when he assigns or sublets the leased premises
contrary to the covenants of the lease, or commits or permits
waste on the premises, or when he sets up or carries on any
unlawful business on or in the premises, or when he suffers,
permits, or maintains on or about the premises any nuisance,
including nuisance as defined in Section 78-38-9, and remains
in possession after service upon him of a three days' notice to
quit; or
(e) when he continues in possession, in person or by
subtenant, after a neglect or failure to perform any condition
or covenant of the lease or agreement under which the
property is held, other than those previously mentioned, and
after notice in writing requiring in the alternative the
performance of the conditions or covenant or the surrender of
the property, served upon him and upon any subtenant in
actual occupation of the premises remains uncomplied with for
three days after service. Within three days after the service of
the notice, the tenant, any subtenant in actual occupation of
the premises, any mortgagee of the term, or other person
interested in its continuance may perform the condition or
covenant and thereby save the lease from forfeiture, except
that if the covenants and conditions of the lease violated by the
lessee cannot afterwards be performed, then no notice need be
given.
(2) Unlawful detainer by an owner resident of a mobile
home is determined under Title 57, Chapter 16, Mobile Home
Park Residency Act.
(3) The notice provisions for nuisance in Subsection
78-36-3 (1)(d) are not applicable to nuisance actions provided
in Sections 78-38-9 through 78-38-16 only. 

78-36-4Right 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 his term without any demand of possession or
notice to quit by the owner, his designated agent, or his
successor in estate, he shall be deemed to be held by permission
of the owner, his designated agent, or his successor in estate,
and shall be entitled to hold under the terms of the lease for
another full year, and shall not be guilty of an unlawful
detainer during that year; and 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. 

78-36-5Remedies available to tenant against undertenant. A
tenant may take proceedings similar to those prescribed in this
chapter to obtain possession of the premises let to an
undertenant in case of his unlawful detention of the premises
underlet to him. 

78-36-6Notice to quit -- How served. The notices required by
the preceding sections may be served:
(1) by delivering a copy to the tenant personally;
(2) by sending a copy through registered or certified
mail addressed to the tenant at his place of residence;
(3) if he is absent from his place of residence or from
his usual place of business, by leaving a copy with a person of
suitable age and discretion at either place and mailing a copy
to the tenant at the address of his place of residence or place of
business;
(4) if a person of suitable age or discretion cannot be
found at the place of residence, then by affixing a copy in a
conspicuous place on the leased property; or
(5) if an order of abatement by eviction of the nuisance
is issued by the court as provided in Section 78-38-11, when
issued, the parties present shall be on notice that the
abatement by eviction order is issued and immediately effective
or as to any absent party, notice shall be given as provided in
Subsections (1) through (4).
(6) Service upon a subtenant may be made in the same
manner. 

78-36-7Necessary parties defendant. (1) No person other than
the tenant of the premises, and subtenant if there is one in the
actual occupation of the premises when the action is
commenced, shall be made a party defendant in the
proceeding, except as provided in Section 78-38-13, nor shall
any proceeding abate, nor the plaintiff be nonsuited, for the
nonjoinder of any person who might have been made a party
defendant; but when it appears that any of the parties served
with process or appearing in the proceedings are guilty,
judgment shall be rendered against those parties.
(2) If a person has become subtenant of the premises in
controversy after the service of any notice as provided in this
chapter, the fact that such notice was not served on the
subtenant is not a defense to the action. All persons who enter
under the tenant after the commencement of the action shall be
bound by the judgment the same as if they had been made
parties to the action.
(3) A landlord, owner, or designated agent is a
necessary party defendant only in an abatement by eviction
action for an unlawful drug house as provided in Section
78-38-13. 

78-36-8Allegations permitted in complaint -- Time for
appearance -- Service of summons. The plaintiff in his
complaint, in addition to setting forth the facts on which he
seeks to recover, may set forth any circumstances of fraud,
force, or violence which may have accompanied the alleged
forcible entry, or forcible or unlawful detainer, and claim
damages therefor or compensation for the occupation of the
premises, or both. If the unlawful detainer charged is after
default in the payment of rent, the complaint shall state the
amount of rent due. The court shall indorse on the summons
the number of days within which the defendant is required to
appear and defend the action, which shall not be less than
three or more than 20 days from the date of service. The court
may authorize service by publication or mail for cause shown. 
Service by publication is complete one week after publication. 
Service by mail is complete three days after mailing. The
summons shall be changed in form to conform to the time of
service as ordered, and shall be served as in other cases. 

78-36-8.5Possession bond of plaintiff -- Alternative remedies. 
(1) At any time between the filing of his 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 two persons who own real property in the state
and who are not parties to the action. The court shall approve
the bond in an amount that is the probable amount of costs of
suit and damages which may result to the defendant if the suit
has been improperly instituted. The bond shall be payable to
the clerk of the court for the benefit of the defendant for all
costs and damages actually adjudged against the plaintiff. The
plaintiff shall notify the defendant that he has filed a possession
bond. This notice shall be served in the same manner as service
of summons and shall inform the defendant of all of the
alternative remedies and procedures under Subsection (2).
(2) The following are alternative remedies and
procedures applicable to an action if the plaintiff files a
possession bond under Subsection (1):
(a) With respect to an unlawful detainer action based
solely upon nonpayment of rent or utilities, the existing
contract shall remain in force and the complaint shall be
dismissed if the defendant, within three days of the service of
the notice of the possession bond, pays accrued rent, utility
charges, any late fee, and other costs, including attorney's fees,
as provided in the rental agreement.
(b) The defendant may remain in possession if he
executes and files a counter bond in the form of a corporate
bond, a cash bond, certified funds, or a property bond
executed by two persons who own real property in the state
and who are not parties to the action. The form of the bond is
at the defendant's option. The bond shall be payable to the
clerk of the court. The defendant shall file the bond prior to
the expiration of three days from the date he is served with
notice of the filing of plaintiff's possession bond. The court
shall approve the bond in an amount that is the probable
amount of costs of suit and actual damages that may result to
the plaintiff if the defendant has improperly withheld
possession. The court shall consider prepaid rent to the owner
as a portion of the defendant's total bond.
(c) The defendant, upon demand, shall be granted a
hearing to be held prior to the expiration of three days from
the date the defendant is served with notice of the filing of
plaintiff's possession bond.
(3) If the defendant does not elect and comply with a
remedy under Subsection (2) within the required time, the
plaintiff, upon ex parte motion, shall be granted an order of
restitution. The constable of the precinct or the sheriff of the
county where the property is situated shall return possession of
the property to the plaintiff promptly.
(4) If the defendant demands a hearing under
Subsection (2) (c), and if the court rules after the hearing that
the plaintiff is entitled to possession of the property, the
constable or sheriff shall promptly return possession of the
property to the plaintiff. If at the hearing the court allows the
defendant to remain in possession and further issues remain to
be adjudicated between the parties, the court shall require the
defendant to post a bond as required in Subsection (2) (b). If
at the hearing the court rules that all issues between the parties
can be adjudicated without further court proceedings, the
court shall, upon adjudicating those issues, enter judgment on
the merits. 

78-36-9Proof required of plaintiff -- Defense. 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 he was
peaceably in the actual possession at the time of the forcible
entry, or was entitled to the possession at the time of the
forcible detainer. The defendant may show in his defense that
he or his ancestors, or those whose interest in such premises he
claims, had been in the quiet possession thereof for the space of
one whole year continuously next before the commencement of
the proceedings, and that his interest therein is not then ended
or determined; and such showing is a bar to the proceedings. 

78-36-10Judgment for restitution, damages, and rent --
Immediate enforcement -- Treble damages. (1) A judgment
may be entered upon the merits or upon default. A judgment
entered in favor of the plaintiff shall include an order for the
restitution of the premises as provided in Section 78-36-10.5. If
the proceeding is for unlawful detainer after neglect or failure
to perform any condition or covenant of the lease or agreement
under which the property is held, or after default in the
payment of rent, the judgment shall also declare the forfeiture
of the lease or agreement.
(2) The jury or the court, if the proceeding is tried
without a jury or upon the defendant's default, shall also assess
the damages resulting to the plaintiff from any of the following:
(a) forcible entry;
(b) forcible or unlawful detainer;
(c) waste of the premises during the defendant's
tenancy, if waste is alleged in the complaint and proved at
trial;
(d) the amount of rent due, if the alleged unlawful
detainer is after default in the payment of rent; and
(e) the abatement of the nuisance by eviction as
provided in Sections 78-38-9 through 78-38-16.
(3) The judgment shall be entered against the
defendant for the rent, for three times the amount of the
damages assessed under Subsections (2) (a) through (2) (c),
and for reasonable attorneys' fees, if they are provided for in
the lease or agreement.
(4) If the proceeding is for unlawful detainer after
default in the payment of the rent, execution upon the
judgment shall be issued immediately after the entry of the
judgment. In all cases, the judgment may be issued and
enforced immediately. 

78-36-10.5. Order of restitution -- Service -- Enforcement --
Disposition of personal property -- Hearing.(1) Each order of
restitution shall:
(a) direct the defendant to vacate the premises, remove
his personal property, and restore possession of the premises to
the plaintiff, or be forcibly removed by a sheriff or constable;
(b) advise the defendant of the time limit set by the
court for the defendant to vacate the premises, which shall be
three business days following service of the order, unless the
court determines that a longer or shorter period is appropriate
under the circumstances; and
(c) advise the defendant of his right to a hearing to
contest the terms of the order of restitution or the manner of its
enforcement.
(2) (a) A copy of the order of restitution and a form for
the defendant to request a hearing shall be served personally
upon the defendant in accordance with Rule 4, Utah Rules of
Civil Procedure, by a person authorized to serve process
pursuant to Section 78-27-58. If personal service is impossible
or impracticable, service may be made by mailing a copy of the
order and the form to the defendant's last-known address and
posting a copy of the order and the form at a conspicuous place
on the premises.
(b) The date of service, the name, title, signature, and
telephone number of the person serving the order and the form
shall be legibly endorsed on the copy of the order and the form
served on the defendant.
(c) Within ten days of service, the person serving the
order and the form shall file proof of service in accordance
with Rule 4(h), Utah Rules of Civil Procedure.
(3) (a) If the defendant fails to comply with the order
within the time prescribed by the court, a sheriff or constable
at the plaintiff's direction may enter the premises by force
using the least destructive means possible to remove the
defendant.
(b) Any personal property of the defendant may be
removed from the premises by the sheriff or constable and
transported to a suitable location for safe storage. The sheriff
or constable, with the plaintiff's consent, may delegate
responsibility for storage to the plaintiff, who must store the
personal property in a suitable place and in a reasonable
manner.
(c) The personal property removed and stored shall be
inventoried by the sheriff or constable who shall keep the
original inventory and personally deliver or mail the defendant
a copy of the inventory immediately after the personal
property is removed.
(4) (a) After demand made by the defendant within 30
days of removal of personal property from the premises, the
sheriff or constable shall promptly return all of the defendant's
personal property upon payment of the reasonable costs
incurred for its removal and storage.
(b) The person storing the personal property may sell
the property remaining in storage at a public sale if:
(i) the defendant does not request a hearing or demand
return of the personal property within 30 days of its removal
from the premises; or
(ii) the defendant fails to pay the reasonable costs
incurred for the removal and storage of the personal property.
(c) In advance of the sale, the person storing the
personal property shall mail to the defendant's last-known
address a written notice of the time and place of the sale.
(d) If the defendant is present at the sale, he may
specify the order in which the personal property shall be sold,
and only so much personal property shall be sold as to satisfy
the costs of removal, storage, advertising, and conducting the
sale. The remainder of the personal property, if any, shall be
released to the defendant. If the defendant is not present at the
sale, the proceeds, after deduction of the costs of removal,
storage, advertising, and conducting the sale shall be paid to
the plaintiff up to the amount of any judgment the plaintiff
obtained against the defendant. Any surplus shall be paid to
the defendant, if the defendant's whereabouts are known. If
the defendant's whereabouts are not known, any surplus shall
be disposed of in accordance with Title 67, Chapter 4a,
Unclaimed Property Act.
(e) If the property belonging to a person who is not a
defendant is removed and stored in accordance with this
section, that person may claim the property by delivering a
written demand for its release to the sheriff or constable. If the
claimant provides proper identification and evidence of
ownership, the sheriff or constable shall promptly release the
property at no cost to the claimant.
(5) In the event of a dispute concerning the terms of the
order of restitution or the manner of its enforcement, the
defendant or any person claiming to own stored personal
property may file a request for a hearing. The court shall set
the matter for hearing within ten days from the filing of the
request, or as soon thereafter as practicable, and shall mail
notice of the hearing to the parties.
(6) The Judicial Council shall draft the forms necessary
to implement this section.

78-36-11Time for appeal. (1) Except as provided in
Subsection (2), either party may, within ten days, appeal from
the judgment rendered.
(2) In a nuisance action under Sections 78-38-9 through
78-38-16, any party may appeal from the judgment rendered
within three days.