Utah Code
Utah Code § 78B-6-801 (2026)
Definitions
✓ current as of May 2026
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"Commercial tenant" means any tenant who may be a body politic and corporate, partnership, association, or company.
"Constable" means an individual acting at the direction of:
a city, as described in Section 10-7-87; or
a county, as described in Title 17, Chapter 78, Part 6, Constables.
"Constable" also means an individual who, beginning January 1, 2027, is licensed as a constable under Title 58, Chapter 91, Constables Licensing Act, regardless of whether the constable is providing services for a contracting governmental entity or a private client.
"Forcible detainer" means:
holding and keeping by force, or by menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or
unlawfully entering real property during the absence of the occupants or at night, and, after demand is made for the surrender of the property, refusing for a period of three days to surrender the property to the former occupant.
"Forcible entry" means:
entering any real property by:
breaking open doors, windows, or other parts of a house;
fraud, intimidation, or stealth; or
any kind of violence or circumstances of terror; or
after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession.
"Occupant of real property" means one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property.
"Owner":
means the actual owner of the premises;
has the same meaning as landlord under common law and the statutes of this state; and
includes the owner's designated agent or successor to the estate.
"Peaceable possession" means having a legal right to possession.
"Peaceable possession" does not include:
the occupation of premises by a trespasser; or
continuing to occupy real property after being served with an order of restitution issued by a court of competent jurisdiction .
"Tenant" means any natural person and any individual, including a commercial tenant.
"Tenant" does not include a person or entity that has no legal right to the premises.
"Trespasser" means a person or entity that occupies real property but never had possessory rights in the premises.
"Unlawful detainer" means unlawfully remaining in possession of property after receiving a notice to quit, served as required by this chapter, and failing to comply with that notice.
"Willful exclusion" means preventing the tenant from entering into the premises with intent to deprive the tenant of entry.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 2010–2023 · leading case: Gardner v. Gardner, 2012 UT App 374 (Utah Ct. App. 2012).
Gardner v. Gardner, 2012 UT App 374 (Utah Ct. App. 2012). “See Utah Code Ann. § 78B-6-801 (de-seribing "acts or omissions in respect to a court or its proceedings [that] are contempts of the authority of the court").”
Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29 (Utah 2010). “2d 852, 853 (Utah 1979) see also Utah Code Ann. §§ 78B-6-801 to -816. A land owner may receive treble damages from a tenant who is in unlawful detainer in violation of a lease agreement.”
Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153 (Utah Ct. App. 2013). “See generally Utah Code Ann. § 78B-6-801 (LexisNexis 2012).”
Iota, LLC v. Davco Mgmt. Co., 2012 UT App 218 (Utah Ct. App. 2012). “" Utah Code Ann. § 78B-6-801 (2008) (emphasis added).”
Martin v. Kristensen, 2021 UT 17 (Utah 2021). “Compare UTAH CODE § 78B-6-801–811 (2008) with UTAH CODE § 78B-6-801–811 (2021).”
Summer v. Summer, 2012 UT App 159 (Utah Ct. App. 2012). “" See Utah Code Ann. § 78B-6-801(5) (2008). "'As a general rule, in order to prove contempt for failure to comply with a court order it must be shown that the person cited for contempt knew what was required, had the ability to comply, and intentionally failed or refused to do…”
Dantine v. Shores, 266 P.3d 188 (Utah Ct. App. 2011). “" Utah Code Ann. § 78B-6-801(6) (2008). Dantine failed to appear at a hearing on the order to show cause.”
Johnson v. Schnabel, 2023 UT App 102 (Utah Ct. App. 2023). “” Utah Code § 78B-6-801(2)(a). To recover under this statute, a plaintiff must show (1) a forcible detainer occurred and (2) she was in actual, peaceable possession, or entitled to possession at the time.”
Ld III, LLC v. Bbrd, Lc, 2013 UT App 115 (Utah Ct. App. 2013). “As to contempt based on express statutory authority, Utah Code section 78B-6-801 identifies certain types of "acts or omissions in respect to a court or its proceedings [that] are con-tempts of the authority of the court.”
Utah First Fed. Credit Union v. Dudley, 2012 UT App 164 (Utah Ct. App. 2012). “§ 78B-6-801 (Supp. 2011) (defining forcible detainer and forcible entry separately from unlawful detainer).”
— Utah Code § 78B-6-801(2)(a) — 1 case
Johnson v. Schnabel, 2023 UT App 102 (Utah Ct. App. 2023). “” Utah Code § 78B-6-801(2)(a). To recover under this statute, a plaintiff must show (1) a forcible detainer occurred and (2) she was in actual, peaceable possession, or entitled to possession at the time.”
— Utah Code § 78B-6-801(5) — 1 case
Summer v. Summer, 2012 UT App 159 (Utah Ct. App. 2012). “" See Utah Code Ann. § 78B-6-801(5) (2008). "'As a general rule, in order to prove contempt for failure to comply with a court order it must be shown that the person cited for contempt knew what was required, had the ability to comply, and intentionally failed or refused to do…”
— Utah Code § 78B-6-801(6) — 1 case
Dantine v. Shores, 266 P.3d 188 (Utah Ct. App. 2011). “" Utah Code Ann. § 78B-6-801(6) (2008). Dantine failed to appear at a hearing on the order to show cause.”
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