1     
LANDLORD-TENANT RIGHTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to forcible entry and detainer.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses the preparation of summons and timing of when to appear and defend an
13     action;
14          ▸     addresses timing of an evidentiary hearing;
15          ▸     repeals exemption involving commercial tenants;
16          ▸     amends provisions related to an order of restitution; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          78B-6-807, as last amended by Laws of Utah 2016, Chapter 33
25          78B-6-810, as last amended by Laws of Utah 2009, Chapters 184 and 298
26          78B-6-812, as last amended by Laws of Utah 2013, Chapter 206
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 78B-6-807 is amended to read:
30          78B-6-807. Allegations permitted in complaint -- Time for appearance -- Service
31     of summons.
32          (1) The plaintiff, in [his] the plaintiff's complaint:
33          (a) shall set forth the facts on which [he] the plaintiff seeks to recover;
34          (b) may set forth any circumstances of fraud, force, or violence which may have
35     accompanied the alleged forcible entry, or forcible or unlawful detainer; and
36          (c) claim damages or compensation for the occupation of the premises, or both.
37          (2) If the unlawful detainer charged is after default in the payment of rent, the
38     complaint shall state the amount of rent due.
39          [(3) The summons shall include the number of days within which the defendant is
40     required to appear and defend the action, which shall be three business days from the date of
41     service, unless the defendant objects to the number of days, and the court determines that the
42     facts of the case should allow more time.]
43          (3) A defendant shall appear and defend the action within three business days from the
44     date of service. Prominent notice of this requirement shall be separately endorsed by a judge, a
45     clerk of the court, or counsel for the plaintiff.
46          (4) The court may authorize service by publication or mail for cause shown.
47          (5) Service by publication is complete one week after publication.
48          (6) Service by mail is complete three days after mailing.
49          (7) The summons shall be changed in form to conform to the time of service as
50     ordered, and shall be served as in other cases.
51          Section 2. Section 78B-6-810 is amended to read:
52          78B-6-810. Court procedures.
53          (1) In an action under this chapter in which the tenant remains in possession of the
54     property:
55          (a) the court shall expedite the proceedings, including the resolution of motions and
56     trial;
57          (b) the court shall begin the trial within 60 days after the day on which the complaint is
58     served, unless the parties agree otherwise; and

59          (c) if this chapter requires a hearing to be held within a specified time, the time may be
60     extended to the first date thereafter on which a judge is available to hear the case in a
61     jurisdiction in which a judge is not always available.
62          (2) (a) In an action for unlawful detainer [where the claim is for nonpayment of rent or
63     for occupancy of a property after a forced sale as described in Section 78B-6-802.5], the court
64     shall hold an evidentiary hearing, upon request of either party, within 10 business days after the
65     day on which the defendant files [the defendant's answer.] an answer or response.
66          (b) At the evidentiary hearing held in accordance with Subsection (2)(a):
67          (i) the court shall determine who has the right of occupancy during the litigation's
68     pendency; and
69          (ii) if the court determines that all issues between the parties can be adjudicated
70     without further proceedings, the court shall adjudicate those issues and enter judgment on the
71     merits.
72          (3) (a) In an action for unlawful detainer in which the claim is for nuisance and alleges
73     an act that would be considered criminal under the laws of this state, the court shall hold an
74     evidentiary hearing within 10 days after the day on which the complaint is filed to determine
75     whether the alleged act occurred.
76          (b) The hearing required by Subsection (3)(a) shall be set at the time the complaint is
77     filed and notice of the hearing shall be served upon the defendant with the summons at least
78     three calendar days before the scheduled time of the hearing.
79          (c) If the court, at an evidentiary hearing held in accordance with Subsection (3)(a),
80     determines that it is more likely than not that the alleged act occurred, the court shall issue an
81     order of restitution.
82          (d) If an order of restitution is issued in accordance with Subsection (3)(c), a constable
83     or the sheriff of the county where the property is situated shall return possession of the property
84     to the plaintiff immediately.
85          (e) The court may allow a period of up to 72 hours before restitution may be made
86     under Subsection (3)(d) if the court determines the time is appropriate under the circumstances.
87          (f) At the evidentiary hearing held in accordance with Subsection (3)(a), if the court
88     determines that all issues between the parties can be adjudicated without further proceedings,
89     the court shall adjudicate those issues and enter judgment on the merits.

90          (g) "An act that would be considered criminal under the laws of this state" under
91     Subsection (3)(a) includes only the following:
92          (i) an act that would be considered a felony under the laws of this state;
93          (ii) an act that would be considered criminal affecting the health or safety of a tenant,
94     the landlord, the landlord's agent, or other person on the landlord's property;
95          (iii) an act that would be considered criminal that causes damage or loss to any tenant's
96     property or the landlord's property;
97          (iv) a drug- or gang-related act that would be considered criminal;
98          (v) an act or threat of violence against any tenant or other person on the premises, or
99     against the landlord or the landlord's agent; and
100          (vi) any other act that would be considered criminal that the court determines directly
101     impacts the peaceful enjoyment of the premises by any tenant.
102          (4) (a) At any hearing held in accordance with this chapter in which the tenant after
103     receiving notice fails to appear, the court shall issue an order of restitution.
104          (b) If an order of restitution is issued in accordance with Subsection (4)(a), a constable
105     or the sheriff of the county where the property is situated shall return possession of the property
106     to the plaintiff immediately.
107          (5) A court adjudicating matters under this chapter may make other orders as are
108     appropriate and proper.
109          [(6) The expedited hearing provisions in this section do not apply to actions involving
110     commercial tenants.]
111          Section 3. Section 78B-6-812 is amended to read:
112          78B-6-812. Order of restitution -- Service -- Enforcement -- Disposition of
113     personal property -- Hearing.
114          (1) [Each] An order of restitution shall:
115          (a) direct the defendant to vacate the premises, remove the defendant's personal
116     property, and restore possession of the premises to the plaintiff, or be forcibly removed by a
117     sheriff or constable;
118          (b) advise the defendant of the time limit set by the court for the defendant to vacate
119     the premises, which shall be three calendar days following service of the order, unless the court
120     determines that a longer or shorter period is appropriate [under the] after a finding of

121     extenuating circumstances; and
122          (c) advise the defendant of the defendant's right to a hearing to contest the manner of
123     its enforcement.
124          (2) (a) A copy of the order of restitution and a form for the defendant to request a
125     hearing as listed on the form shall be served in accordance with Section 78B-6-805 by a person
126     authorized to serve process pursuant to Subsection 78B-8-302(1). If personal service is
127     impossible or impracticable, service may be made by:
128          (i) mailing a copy of the order and the form by first class mail to the defendant's
129     last-known address and posting a copy of the order and the form at a conspicuous place on the
130     premises; or
131          (ii) mailing a copy of the order and the form to the commercial tenant defendant's
132     last-known place of business and posting a copy of the order and the form at a conspicuous
133     place on the business premises.
134          (b) A request for hearing by the defendant may not stay enforcement of the restitution
135     order unless:
136          (i) the defendant furnishes a corporate bond, cash bond, certified funds, or a property
137     bond to the clerk of the court in an amount approved by the court according to the formula set
138     forth in Subsection 78B-6-808(4)(b); and
139          (ii) the court orders that the restitution order be stayed.
140          (c) The date of service, the name, title, signature, and telephone number of the person
141     serving the order and the form shall be legibly endorsed on the copy of the order and the form
142     served on the defendant.
143          (d) The person serving the order and the form shall file proof of service in accordance
144     with Rule 4(e), Utah Rules of Civil Procedure.
145          (3) (a) If the defendant fails to comply with the order within the time prescribed by the
146     court, a sheriff or constable at the plaintiff's direction may enter the premises by force using the
147     least destructive means possible to remove the defendant.
148          (b) Personal property of the defendant may be removed from the premises by the
149     sheriff or constable and transported to a suitable location for safe storage. The sheriff or
150     constable may delegate responsibility for inventory, moving, and storage to the plaintiff, who
151     shall store the personal property in a suitable place and in a reasonable manner.

152          (c) A tenant may not access the property until the removal and storage costs have been
153     paid in full, except that the tenant shall be provided reasonable access within five business days
154     to retrieve:
155          (i) clothing;
156          (ii) identification;
157          (iii) financial documents, including all those related to the tenant's immigration status,
158     employment status;
159          (iv) documents pertaining to receipt of public services; and
160          (v) medical information, prescription medications, and any medical equipment required
161     for maintenance of medical needs.
162          (d) The personal property removed and stored shall, after 15 calendar days, be
163     considered abandoned property and subject to Section 78B-6-816.
164          (4) In the event of a dispute concerning the manner of enforcement of the restitution
165     order, the defendant may file a request for a hearing. The court shall set the matter for hearing
166     within 10 calendar days from the filing of the request, or as soon thereafter as practicable, and
167     shall mail notice of the hearing to the parties.
168          (5) The Judicial Council shall draft the forms necessary to implement this section.






Legislative Review Note
Office of Legislative Research and General Counsel