Utah Code
Utah Code § 78B-6-809 (2026)
Proof required of plaintiff -- Defense
✓ current as of May 2026
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On the trial of any proceeding for any forcible entry or forcible detainer the plaintiff shall only be required to show, in addition to the forcible entry or forcible detainer complained of, that the plaintiff was in actual peaceable possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer.
In defense, the defendant may show that the defendant or the defendant's ancestors, or those whose interest in the premises is claimed, had been in the quiet possession of the property for the space of one entire year continuously before the commencement of the proceedings, and that his interest is not ended or determined, and that this showing is a bar to the proceedings.
An action for unlawful detainer may also be brought in the form of a counterclaim .
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2010–2023 · leading case: Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29 (Utah 2010).
Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29 (Utah 2010). “” Utah Code Ann. § 78B-6-809(l). The statute provides a process to put the appropriate party back in possession of the disputed property and includes a “severe remedy” when a tenant is in unlawful possession.”
Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153 (Utah Ct. App. 2013). “§ 78B-6-809(1) (providing that a plaintiff asserting forcible entry or forcible detainer shall show that "he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer"'); see also Frisco Joes,…”
Utah First Fed. Credit Union v. Dudley, 2012 UT App 164 (Utah Ct. App. 2012). “See Utah Code Ann. § 78B-6-809 (2008); see also id.”
Steinberg v. Cmty. Hous. Servs.-Capital Villa, Ltd., 326 P.3d 673 (Utah Ct. App. 2014). “" Utah Code Ann. § 78B-6-809 (LexisNexis 2012); see also Frisco Joes, Inc.”
Johnson v. Schnabel, 2023 UT App 102 (Utah Ct. App. 2023). “§ 78B-6-809(1). ¶26 No forcible detainer occurred here.”
— Utah Code § 78B-6-809(1) — 2 cases
Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153 (Utah Ct. App. 2013). “§ 78B-6-809(1) (providing that a plaintiff asserting forcible entry or forcible detainer shall show that "he was peaceably in the actual possession at the time of the forcible entry, or was entitled to the possession at the time of the forcible detainer"'); see also Frisco Joes,…”
Johnson v. Schnabel, 2023 UT App 102 (Utah Ct. App. 2023). “§ 78B-6-809(1). ¶26 No forcible detainer occurred here.”
— Utah Code § 78B-6-809(l) — 1 case
Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29 (Utah 2010). “” Utah Code Ann. § 78B-6-809(l). The statute provides a process to put the appropriate party back in possession of the disputed property and includes a “severe remedy” when a tenant is in unlawful possession.”
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