Utah Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

Automatic expungement Some eviction cases will be expunged automatically if either: the entire case was dismissed, there is no appeal pending, and at least three years have passed from the date the case was filed OR. the parties agree to the expungement and file a stipulation with the court that says this.

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.

Utah's unlawful detainer statute, Utah Code Ann. §§ 78-36-1 to -12.6, takes away the landlord's common law right to use self-help to remove a tenant. The statute grants the landlord a summary court proceeding to evict a tenant who has violated some express or implied provision of the lease.

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.

If you want to ask the court to stop the eviction you can try filing one or both of these: a Motion to Set Aside Judgment. This asks the court to undo the eviction order. ... a Motion to Delay Enforcement of Judgment. This asks the court to delay the eviction order.

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.

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Utah Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term