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7 LONG TITLE
8 General Description:
9 This bill makes changes to the unlawful detainer statutes.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines peaceable possession;
13 ▸ allows that in unlawful detainer actions, the plaintiff need only show that the
14 plaintiff was in peaceable possession of the premises;
15 ▸ defines trespasser;
16 ▸ allows the defense in an unlawful detainer action to show that the plaintiff had no
17 right to possession of the premises; and
18 ▸ makes technical corrections.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78B-6-801, as last amended by Laws of Utah 2009, Chapters 184 and 298
26 78B-6-809, as renumbered and amended by Laws of Utah 2008, Chapter 3
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 78B-6-801 is amended to read:
30 78B-6-801. Definitions.
31 (1) "Commercial tenant" means any tenant who may be a body politic and corporate,
32 partnership, association, or company.
33 (2) "Forcible detainer" means:
34 (a) holding and keeping by force, or by menaces and threats of violence, the possession
35 of any real property, whether acquired peaceably or otherwise; or
36 (b) unlawfully entering real property during the absence of the occupants or at night,
37 and, after demand is made for the surrender of the property, refusing for a period of three days
38 to surrender the property to the former occupant.
39 (3) "Forcible entry" means:
40 (a) entering any real property by:
41 (i) breaking open doors, windows, or other parts of a house;
42 (ii) fraud, intimidation, or stealth; or
43 (iii) any kind of violence or circumstances of terror; or
44 (b) after entering peaceably upon real property, turning out by force, threats, or
45 menacing conduct the party in actual possession.
46 (4) "Occupant of real property" means one who within five days preceding an unlawful
47 entry was in the peaceable and undisturbed possession of the property.
48 (5) "Owner[
49 (a) means the actual owner of the premises;
50 (b) has the same meaning as landlord under common law and the statutes of this state;
51 and
52 (c) includes the owner's designated agent or successor to the estate.
53 (6) (a) "Peaceable possession" means having a legal right to possession.
54 (b) "Peaceable possession" does not include:
55 (i) the occupation of premises by a trespasser; or
56 (ii) continuing to occupy real property after being served with an order of restitution
57 issued by a court of competent jurisdiction .
58 [
59 commercial tenant.
60 (b) "Tenant" does not include a person or entity that has no legal right to the premises.
61 (8) "Trespasser" means a person or entity that occupies real property but never had
62 possessory rights in the premises.
63 [
64 after receiving a notice to quit, served as required by this chapter, and failing to comply with
65 that notice.
66 [
67 premises with intent to deprive the tenant of entry.
68 Section 2. Section 78B-6-809 is amended to read:
69 78B-6-809. Proof required of plaintiff -- Defense.
70 (1) On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff
71 shall only be required to show, in addition to the forcible entry or forcible detainer complained
72 of, that [
73 forcible entry, or was entitled to the possession at the time of the forcible detainer.
74 (2) In defense, the defendant may show that [
75 ancestors, or those whose interest in the premises [
76 possession of the property for the space of one entire year continuously before the
77 commencement of the proceedings, and that his interest is not ended or determined, and that
78 this showing is a bar to the proceedings.
79 (3) An action for unlawful detainer may also be brought in the form of a counterclaim .