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Possible Issues Affecting Ability to Evict Related to Partial Payments – Part II 2/21/2018
Possible Issues Affecting Ability to Evict Related to Partial Payments – Part I 1/5/2018
Section 8 Landlord Incentive Program 11/27/2017
Part II: Notice to Terminate Lease at the End of the Initial Term – Sec. 8/Sec. 42 Resident or HUD based property 6/14/2017
Part I: Notice to Terminate Lease at the End of the Initial Term – Market Rate Resident 5/31/2017
Legislative Update 2017 – Changes to the Unlawful Detainer Statute 5/11/2017
Important Things to Know About Mold 3/27/2017
3rd Party Requests For Tenant Information or Entry Into Unit 1/12/2017
What to do about trespassers 11/7/2016
Meth survey - We need your help! 8/30/2016
Pools and common areas – Creating proper standards for conduct and attire 6/14/2016
New HUD Guidance on Criminal History of Tenants 4/27/2016
Bed Bugs Part III: Treatment and Prevention 4/4/2016
Bed Bugs Part II: Separating Fact From Fiction 3/21/2016
Bed Bugs Part 1: An Introduction 3/1/2016
Arrests and Criminal Background Checks 2/17/2016
Future Rent And a Landlord's Obligation to Mitigate Damages 2/2/2016
Security Deposits - Landlord's Obligations Under Utah Law 9/16/2015
Abandoned Personal Property 9/1/2015
US Supreme Court affirms disparate impact claims under Fair Housing Act 6/26/2015
Reasonable Modifications for the Disabled- Do I have to pay for it? 6/7/2015
Dealing with a Death in a Rental Unit 6/6/2015
Abandonment 101 - Unpaid Rent, Property In Unit - Now What? 6/4/2015
Abandonment 101: Unpaid Rent, Empty Unit - Now What? 6/3/2015
Tenant Victims of Domestic Violence 6/2/2015
Requalifying Tenants upon Renewal 6/1/2015

Legislative Update 2017 – Changes to the Unlawful Detainer Statute

Published 5/11/2017


As the 2017 Legislative Session has come to a close, there were some significant changes to the Unlawful Detainer Statute. Fortunately for us in the apartment industry, these changes were positive.

There are three notable changes in § 78B-6-810 regarding court procedures that went into effect May 10, 2017. Of primary significance is the elimination of the restriction on the type of unlawful detainer claim that is entitled to an expedited evidentiary hearing where the court is to determine who has the right of occupancy during the litigation’s pendency (i.e “Immediate Occupancy Hearing”). As the law currently stands, only claims of non-payment of rent or criminal nuisance are entitled an Immediate Occupancy Hearing.

Claims of general nuisance, end of term, tenancy at will (e.g. employee lease), etc. although entitled to an expedited process, aren’t entitled to an Immediate Occupancy Hearing. Any request for such a hearing was routinely objected to by the likes of Utah Legal Services. Although our office would request and the court would calendar an Expedited Pretrial Conference, if the parties were unable to come to an agreement as to when the resident(s) would vacate, there was no guarantee that the court would resolve the issue of possession.

The law will now provide for an Immediate Occupancy Hearing...

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