H.B. 299

1

UNLAWFUL DETAINER AMENDMENTS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gage Froerer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill requires the court to hold an evidentiary hearing, upon the request of either
10 party, within ten days for an action involving unlawful detainer.
11 Highlighted Provisions:
12 This bill:
13 . requires the court, upon the request of either party, to hold an evidentiary hearing
14 for an action involving unlawful detainer.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78B-6-810, as renumbered and amended by Laws of Utah 2008, Chapter 3
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78B-6-810 is amended to read:
25 78B-6-810. Court procedures.
26 (1) In an action under this chapter in which the tenant remains in possession of the
27 property:

28 (a) the court shall expedite the proceedings, including the resolution of motions and
29 trial;
30 (b) the court shall begin the trial within 60 days after the day on which the complaint is
31 served, unless the parties agree otherwise; and
32 (c) if this chapter requires a hearing to be held within a specified time, the time may be
33 extended to the first date thereafter on which a judge is available to hear the case in a
34 jurisdiction in which a judge is not always available.
35 (2) (a) In an action for unlawful detainer [where the claim is for nonpayment of rent],
36 the court shall hold an evidentiary hearing, upon request of either party, within ten days after
37 the day on which the defendant files the defendant's answer.
38 (b) At the evidentiary hearing held in accordance with Subsection (2)(a):
39 (i) the court shall determine who has the right of occupancy during the litigation's
40 pendency; and
41 (ii) if the court determines that all issues between the parties can be adjudicated
42 without further proceedings, the court shall adjudicate those issues and enter judgment on the
43 merits.
44 (3) (a) In an action for unlawful detainer in which the claim is for nuisance and alleges
45 an act that would be considered criminal under the laws of this state, the court shall hold an
46 evidentiary hearing within ten days after the day on which the complaint is filed to determine
47 whether the alleged act occurred.
48 (b) The hearing required by Subsection (3)(a) shall be set at the time the complaint is
49 filed and notice of the hearing shall be served upon the defendant with the summons at least
50 three calendar days before the scheduled time of the hearing.
51 (c) If the court, at an evidentiary hearing held in accordance with Subsection (3)(a),
52 determines that it is more likely than not that the alleged act occurred, the court shall issue an
53 order of restitution.
54 (d) If an order of restitution is issued in accordance with Subsection (3)(c), a constable
55 or the sheriff of the county where the property is situated shall return possession of the property
56 to the plaintiff immediately.
57 (e) The court may allow a period of up to 72 hours before restitution may be made
58 under Subsection (3)(d) if the court determines the time is appropriate under the circumstances.

59 (f) At the evidentiary hearing held in accordance with Subsection (3)(a), if the court
60 determines that all issues between the parties can be adjudicated without further proceedings,
61 the court shall adjudicate those issues and enter judgment on the merits.
62 (g) "An act that would be considered criminal under the laws of this state" under
63 Subsection (3)(a) includes only the following:
64 (i) an act that would be considered a felony under the laws of this state;
65 (ii) an act that would be considered criminal affecting the health or safety of a tenant,
66 the landlord, the landlord's agent, or other person on the landlord's property;
67 (iii) an act that would be considered criminal that causes damage or loss to any tenant's
68 property or the landlord's property;
69 (iv) a drug- or gang-related act that would be considered criminal;
70 (v) an act or threat of violence against any tenant or other person on the premises, or
71 against the landlord or the landlord's agent; and
72 (vi) any other act that would be considered criminal that the court determines directly
73 impacts the peaceful enjoyment of the premises by any tenant.
74 (4) (a) At any hearing held in accordance with this chapter in which the tenant after
75 receiving notice fails to appear, the court shall issue an order of restitution.
76 (b) If an order of restitution is issued in accordance with Subsection (4)(a), a constable
77 or the sheriff of the county where the property is situated shall return possession of the property
78 to the plaintiff immediately.
79 (5) A court adjudicating matters under this chapter may make other orders as are
80 appropriate and proper.




Legislative Review Note
as of 2-2-09 6:30 AM

Office of Legislative Research and General Counsel