1     
UNLAWFUL DETAINER AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Kay L. McIff

6     

7     LONG TITLE
8     General Description:
9          This bill requires that a summons in an unlawful detainer action indicate the number of
10     days that a defendant has to appear and defend the action.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires that a summons in an unlawful detainer action indicate the number of days
14     within which the defendant must appear; and
15          ▸     allows an action for unlawful detainer to be brought as a counterclaim.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78B-6-807, as last amended by Laws of Utah 2008, Chapter 121 and renumbered and
23     amended by Laws of Utah 2008, Chapter 3
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 78B-6-807 is amended to read:
27          78B-6-807. Allegations permitted in complaint -- Time for appearance -- Service

28     of summons.
29          (1) The plaintiff, in his complaint:
30          (a) shall set forth the facts on which he seeks to recover;
31          (b) may set forth any circumstances of fraud, force, or violence which may have
32     accompanied the alleged forcible entry, or forcible or unlawful detainer; and
33          (c) claim damages or compensation for the occupation of the premises, or both.
34          (2) If the unlawful detainer charged is after default in the payment of rent, the
35     complaint shall state the amount of rent due.
36          (3) A [judge, court clerk, or plaintiff's counsel] plaintiff shall [endorse] indicate on the
37     summons the number of days within which the defendant is required to appear and defend the
38     action, which shall be three business days from the date of service, unless the defendant objects
39     to the number of days, and the court determines that the facts of the case should allow more
40     time.
41          (4) The court may authorize service by publication or mail for cause shown.
42          (5) Service by publication is complete one week after publication.
43          (6) Service by mail is complete three days after mailing.
44          (7) The summons shall be changed in form to conform to the time of service as
45     ordered, and shall be served as in other cases.
46          (8) An action for unlawful detainer may also be brought in the form of a counterclaim.






Legislative Review Note
Office of Legislative Research and General Counsel