Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 376 (2017GS)

Sponsor

Rep. Dunnigan, J.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill: Ĥ→ [
• addresses the preparation of summons and timing of when to appear and defend an action; ] ←Ĥ
• addresses timing of an evidentiary hearing;
• repeals exemption involving commercial tenants;
• amends provisions related to an order of restitution; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 22, 2017 at 3:00 PM by ryoung.
This document includes House Floor Amendments incorporated into the bill on Thu, Mar 2, 2017 at 4:36 PM by ryoung.
LANDLORD-TENANT RIGHTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill modifies provisions related to forcible entry and detainer.
Highlighted Provisions:
This bill:
Ĥ→ [
 ▸ addresses the preparation of summons and timing of when to appear and defend an
action;
] ←Ĥ
▸ addresses timing of an evidentiary hearing;
▸ repeals exemption involving commercial tenants;
▸ amends provisions related to an order of restitution; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
Ĥ→ [
78B-6-807
, as last amended by Laws of Utah 2016, Chapter 33
] ←Ĥ
78B-6-810
, as last amended by Laws of Utah 2009, Chapters 184 and 298
78B-6-812
, as last amended by Laws of Utah 2013, Chapter 206
Be it enacted by the Legislature of the state of Utah:
Ĥ→ [
Section 1. 
Section 
78B-6-807
 is amended to read:
78B-6-807. Allegations permitted in complaint -- Time for appearance -- Service
of summons.
(1) The plaintiff, in [his] 
the plaintiff's
 complaint:
(a) shall set forth the facts on which [he] 
the plaintiff
 seeks to recover;
(b) may set forth any circumstances of fraud, force, or violence which may have
accompanied the alleged forcible entry, or forcible or unlawful detainer; and
(c) claim damages or compensation for the occupation of the premises, or both.
(2) If the unlawful detainer charged is after default in the payment of rent, the
complaint shall state the amount of rent due.
[(3) The summons shall include the number of days within which the defendant is
required to appear and defend the action, which shall be three business days from the date of
service, unless the defendant objects to the number of days, and the court determines that the
facts of the case should allow more time.]
(3)
 Ĥ→ [
A defendant shall
] 
 A summons shall direct the defendant to
 ←Ĥ 
appear and
43a 
defend the action within three business days from the
date of service.
 Ĥ→ [
Prominent notice of this requirement shall be separately endorsed by a judge, a
clerk of the court, or counsel for the plaintiff.
] ←Ĥ
(4) The court may authorize service by publication or mail for cause shown.
(5) Service by publication is complete one week after publication.
(6) Service by mail is complete three days after mailing.
(7) The summons shall be changed in form to conform to the time of service as
ordered, and shall be served as in other cases.
] ←Ĥ
Section 
Ĥ→ [
] 
 ←Ĥ
 . Section 
78B-6-810
 is amended to read:
78B-6-810.
Court procedures.
(1) In an action under this chapter in which the tenant remains in possession of the
property:
(a) the court shall expedite the proceedings, including the resolution of motions and
trial;
(b) the court shall begin the trial within 60 days after the day on which the complaint is
served, unless the parties agree otherwise; and
(c) if this chapter requires a hearing to be held within a specified time, the time may be
extended to the first date thereafter on which a judge is available to hear the case in a
jurisdiction in which a judge is not always available.
(2) (a) In an action for unlawful detainer [
where the claim is for nonpayment of rent or
for occupancy of a property after a forced sale as described in Section 
78B-6-802.5
], the court
shall hold an evidentiary hearing, upon request of either party, within 10 
business
 days after the
day on which the defendant files [
the defendant's answer.
] 
an answer or response.
(b) At the evidentiary hearing held in accordance with Subsection (2)(a):
(i) the court shall determine who has the right of occupancy during the litigation's
pendency; and
(ii) if the court determines that all issues between the parties can be adjudicated
without further proceedings, the court shall adjudicate those issues and enter judgment on the
merits.
(3) (a) In an action for unlawful detainer in which the claim is for nuisance and alleges
an act that would be considered criminal under the laws of this state, the court shall hold an
evidentiary hearing within 10 days after the day on which the complaint is filed to determine
whether the alleged act occurred.
(b) The hearing required by Subsection (3)(a) shall be set at the time the complaint is
filed and notice of the hearing shall be served upon the defendant with the summons at least
three calendar days before the scheduled time of the hearing.
(c) If the court, at an evidentiary hearing held in accordance with Subsection (3)(a),
determines that it is more likely than not that the alleged act occurred, the court shall issue an
order of restitution.
(d) If an order of restitution is issued in accordance with Subsection (3)(c), a constable
or the sheriff of the county where the property is situated shall return possession of the property
to the plaintiff immediately.
(e) The court may allow a period of up to 72 hours before restitution may be made
under Subsection (3)(d) if the court determines the time is appropriate under the circumstances.
(f) At the evidentiary hearing held in accordance with Subsection (3)(a), if the court
determines that all issues between the parties can be adjudicated without further proceedings,
the court shall adjudicate those issues and enter judgment on the merits.
(g) "An act that would be considered criminal under the laws of this state" under
Subsection (3)(a) includes only the following:
(i) an act that would be considered a felony under the laws of this state;
(ii) an act that would be considered criminal affecting the health or safety of a tenant,
the landlord, the landlord's agent, or other person on the landlord's property;
(iii) an act that would be considered criminal that causes damage or loss to any tenant's
property or the landlord's property;
(iv) a drug- or gang-related act that would be considered criminal;
(v) an act or threat of violence against any tenant or other person on the premises, or
against the landlord or the landlord's agent; and
(vi) any other act that would be considered criminal that the court determines directly
impacts the peaceful enjoyment of the premises by any tenant.
(4) (a) At any hearing held in accordance with this chapter in which the tenant after
receiving notice fails to appear, the court shall issue an order of restitution.
(b) If an order of restitution is issued in accordance with Subsection (4)(a), a constable
or the sheriff of the county where the property is situated shall return possession of the property
to the plaintiff immediately.
(5) A court adjudicating matters under this chapter may make other orders as are
appropriate and proper.
[
(6) The expedited hearing provisions in this section do not apply to actions involving
commercial tenants.
]
Section 3. Section 
78B-6-812
 is amended to read:
78B-6-812.
Order of restitution -- Service -- Enforcement -- Disposition of
personal property -- Hearing.
(1) [
Each
] 
An
 order of restitution shall:
(a) direct the defendant to vacate the premises, remove the defendant's personal
property, and restore possession of the premises to the plaintiff, or be forcibly removed by a
sheriff or constable;
(b) advise the defendant of the time limit set by the court for the defendant to vacate
the premises, which shall be three calendar days following service of the order, unless the court
determines that a longer or shorter period is appropriate [
under the
] 
after a finding of
extenuating
 circumstances; and
(c) advise the defendant of the defendant's right to a hearing to contest the manner of
its enforcement.
(2) (a) A copy of the order of restitution and a form for the defendant to request a
hearing as listed on the form shall be served in accordance with Section 
78B-6-805
 by a person
authorized to serve process pursuant to Subsection 
78B-8-302
(1). If personal service is
impossible or impracticable, service may be made by:
(i) mailing a copy of the order and the form by first class mail to the defendant's
last-known address and posting a copy of the order and the form at a conspicuous place on the
premises; or
(ii) mailing a copy of the order and the form to the commercial tenant defendant's
last-known place of business and posting a copy of the order and the form at a conspicuous
place on the business premises.
(b) A request for hearing by the defendant may not stay enforcement of the restitution
order unless:
(i) the defendant furnishes a corporate bond, cash bond, certified funds, or a property
bond to the clerk of the court in an amount approved by the court according to the formula set
forth in Subsection 
78B-6-808
(4)(b); and
(ii) the court orders that the restitution order be stayed.
(c) The date of service, the name, title, signature, and telephone number of the person
serving the order and the form shall be legibly endorsed on the copy of the order and the form
served on the defendant.
(d) The person serving the order and the form shall file proof of service in accordance
with Rule 4(e), Utah Rules of Civil Procedure.
(3) (a) If the defendant fails to comply with the order within the time prescribed by the
court, a sheriff or constable at the plaintiff's direction may enter the premises by force using the
least destructive means possible to remove the defendant.
(b) Personal property of the defendant may be removed from the premises by the
sheriff or constable and transported to a suitable location for safe storage. The sheriff or
constable may delegate responsibility for inventory, moving, and storage to the plaintiff, who
shall store the personal property in a suitable place and in a reasonable manner.
(c) A tenant may not access the property until the removal and storage costs have been
paid in full, except that the tenant shall be provided reasonable access within five business days
to retrieve:
(i) clothing;
(ii) identification;
(iii) financial documents, including all those related to the tenant's immigration status,
employment status;
(iv) documents pertaining to receipt of public services; and
(v) medical information, prescription medications, and any medical equipment required
for maintenance of medical needs.
(d) The personal property removed and stored shall, after 15 calendar days, be
considered abandoned property and subject to Section 
78B-6-816
.
(4) In the event of a dispute concerning the manner of enforcement of the restitution
order, the defendant may file a request for a hearing. The court shall set the matter for hearing
within 10 calendar days from the filing of the request, or as soon thereafter as practicable, and
shall mail notice of the hearing to the parties.
(5) The Judicial Council shall draft the forms necessary to implement this section.
Legislative Review Note
Office of Legislative Research and General Counsel