Utah Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

Unlawful Detainer (UD or eviction) cases are by statute initially restricted from public access for 60 days, and do not appear on the Case Number Search. If you are a participant in a restricted UD case and want to view the ROA, enter the information below to search for your case.

After the Writ of Execution has been served to the tenants, they will be given a grace period of 5 days to vacate the property. The sheriff will execute the eviction and forcibly remove them if they remain in the property after the grace period given to them.

If you do not have a lease agreement, you need to give at least a 15 day notice. If your landlord still does not make the repairs after this notice, you can move. Salt Lake County and remainder of the state call Utah Community Action Program at (801) 214-3109 or email mediation@utahca.org.

A Demurrer is filed by the tenant to say the Complaint doesn't include all the facts or legal requirements to prove they should be evicted. A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice.

Disturbing other tenants or neighbors. Having parties or visitors so frequently as to interfere with any neighbor's quiet enjoyment. Smoking and the tenant's smoke drifts into another rental unit, but only if the landlord prohibits smoking in all units.

A Motion to Quash Service is filed when you say the landlord didn't serve the Summons and Complaint properly. If you win, the landlord has to re-serve the Summons and Complaint. If the landlord wins, you'll have to file an Answer to the Complaint right away.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Unlawful detainer by tenant for a term less than life. 78B-6-802. Unlawful detainer by tenant for a term less than life. continues in possession after the effective date of a notice to vacate given in ance with Section 702 of the Protecting Tenants at Foreclosure Act.

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Utah Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand