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Part 8 Forcible Entry and Detainer

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Part 8 Forcible Entry and Detainer Utah Code Part 8 Forcible Entry and Detainer 78B-6-801 Definitions. (1) "Commercial tenant" means any tenant who may be a body politic and corporate, partnership, association, or company. (2) "Forcible detainer" means: (a) holding and keeping by force, or by menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or (b) unlawfully entering real property during the absence of the occupants or at night, and, after demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant. (3) "Forcible entry" means: (a) entering any real property by: (i) breaking open doors, windows, or other parts of a house; (ii) fraud, intimidation, or stealth; or (iii) any kind of violence or circumstances of terror; or (b) after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession. (4) "Occupant of real property" means one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property. (5) "Owner": (a) means the actual owner of the premises; (b) has the same meaning as landlord under common law and the statutes of this state; and (c) includes the owner's designated agent or successor to the estate. (6) (a) "Peaceable possession" means having a legal right to possession. (b) "Peaceable possession" does not include: (i) the occupation of premises by a trespasser; or (ii) continuing to occupy real property after being served with an order of restitution issued by a court of competent jurisdiction . (7) (a) "Tenant" means any natural person and any individual, including a commercial tenant. (b) "Tenant" does not include a person or entity that has no legal right to the premises. (8) "Trespasser" means a person or entity that occupies real property but never had possessory rights in the premises. (9) "Unlawful detainer" means unlawfully remaining in possession of property after receiving a notice to quit, served as required by this chapter, and failing to comply with that notice. (10) "Willful exclusion" means preventing the tenant from entering into the premises with intent to deprive the tenant of entry. Amended by Chapter 264, 2016 General Session 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: Page 1 Utah Code (a) continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the specified term or period for which it is let to the tenant, 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) having leased real property for an indefinite time with monthly or other periodic rent reserved: (i) continues in possession of the property in person or by subtenant after the end of any month or period, in cases where the owner, the owner's designated agent, or any successor in estate of the owner, 15 calendar days or more before the end of that month or period, has served notice requiring the tenant to quit the premises at the expiration of that month or period; or (ii) in cases of tenancies at will, remains in possession of the premises after the expiration of a notice of not less than five calendar days; (c) continues in possession, in person or by subtenant, after default in the payment of any rent or other amounts due and after a notice in writing requiring in the alternative the payment of the rent and other amounts due or the surrender of the detained premises, has remained uncomplied with for a period of three business days after service, which notice may be served at any time after the rent becomes due; (d) assigns or sublets the leased premises contrary to the covenants of the lease, or commits or permits waste on the premises after service of a three calendar days' notice to quit; (e) sets up or carries on any unlawful business on or in the premises after service of a three calendar days' notice to quit; (f) suffers, permits, or maintains on or about the premises any nuisance, including nuisance as defined in Section 78B-6-1107 after service of a three calendar days' notice to quit; (g) commits a criminal act on the premises and remains in possession after service of a three calendar days' notice to quit; (h) 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 the tenant and upon any subtenant in actual occupation of the premises remains uncomplied with for three calendar days after service; or (i) (i) is a tenant under a bona fide tenancy as described in Section 702 of the Protecting Tenants at Foreclosure Act; and (ii) continues in possession after the effective date of a notice to vacate given in accordance with Section 702 of the Protecting Tenants at Foreclosure Act. (2) After service of the notice and the time period required for the notice, the tenant, any subtenant in actual occupation of the premises, any mortgagee of the term, or other person interested in the lease's continuance may perform the condition or covenant and save the lease from forfeiture, except that if the covenants and conditions of the lease violated by the lessee cannot afterwards be performed, or the violation cannot be brought into compliance, a notice provided for in Subsections (1)(d) through (g) may be given. (3) Unlawful detainer by an owner resident of a mobile home is determined under Title 57, Chapter 16, Mobile Home Park Residency Act. (4) The notice provisions for nuisance in Subsections (1)(d) through (g) do not apply to nuisance actions provided in Sections 78B-6-1107 through 78B-6-1114. Page 2 Utah Code (5) The notice to vacate requirement under 15 U.S.C. 9058(c), which is part of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136: (a) applies only to a notice provided to a tenant of a covered dwelling in a covered property as that term is defined in 15 U.S.C. 9058(a); (b) applies only to the amount of time before a tenant may be required to vacate a covered property through an order of restitution as provided by Section 78B-6-812; (c) for a notice provided under Subsection (1)(c), applies only when delinquent rent or other amounts have accrued during the 120-day moratorium described in 15 U.S.C. 9058(b); (d) does not require that a tenant be given more than three business days after service to pay rent and other amounts due under a notice provided under Subsection (1)(c); (e) does not apply to a notice provided under Subsections (1)(d) through (h); (f) does not prohibit or nullify the service of any notice described in this section; and (g) does not limit the accrual of damages under Section 78B-6-811. (6) Service of a notice as provided by 15 U.S.C. 9058(c) or under Subsection (5) does not nullify the service or validity of any other notice provided in accordance with this section. Amended by Chapter 19, 2020 Special Session 6 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 sale or sheriff's sale after being served with a notice to quit by the purchaser. Enacted by Chapter 184, 2009 General Session 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 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. Renumbered and Amended by Chapter 3, 2008 General Session 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 78B-6-805 Notice -- How served. (1) A notice required by this part may be served: Page 3 Utah Code (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 person of suitable age and discretion; (b) by sending a copy through registered mail, certified mail, or an equivalent means, addressed to the tenant at the tenant's residence, leased property, or usual place of business; (c) if the tenant is absent from the residence, leased property, or usual place of business, by leaving a copy with a person of suitable age and discretion at the tenant's residence, leased property, or usual place of business; (d) if a person of suitable age or discretion cannot be found at the place of residence, leased property, or usual place of business, then by affixing a copy in a conspicuous place on the leased property; or (e) if an order of abatement by eviction of the nuisance is issued by the court as provided in Section 78B-6-1109, 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)(a) through (e).
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