Utah Code

Utah Code § 78B-6-811 (2026)

Judgment for restitution, damages, and rent -- Immediate enforcement -- Remedies

✓ current as of May 2026

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A court may:

enter a judgment upon the merits or upon default; and

issue an order of restitution regardless of whether a judgment is entered.

A judgment entered in favor of the plaintiff shall include an order for the restitution of the premises as provided in Section 78B-6-812.

If the proceeding is for unlawful detainer after neglect or failure to perform any condition or covenant of the lease or agreement under which the property is held, or after default in the payment of rent, the judgment shall also declare the forfeiture of the lease or agreement.

A forfeiture under Subsection (1)(c) does not release a defendant from any obligation for payments on a lease for the remainder of the lease's term.

Subsection (1)(d)(i) does not change any obligation on either party to mitigate damages.

The jury or the court, if the proceeding is tried without a jury or upon the defendant's default, shall also assess the damages resulting to the plaintiff from any of the following:

forcible entry;

forcible or unlawful detainer;

waste of the premises during the defendant's tenancy, if waste is alleged in the complaint and proved at trial;

the amounts due under the contract; and

the abatement by eviction of a private nuisance as described in Section 78B-6a-303.

The court shall enter the judgment against the defendant for the rent and for three times the amount of the damages assessed under Subsections (2)(a) through (2)(e).

If the proceeding is for unlawful detainer, the court shall issue execution upon the judgment immediately after the entry of the judgment.

In all cases, the judgment may be issued and enforced immediately.

In an action under this chapter, the court:

shall award costs and reasonable attorney fees to the prevailing party;

may modify a judgment for additional amounts owed if a motion is submitted within 180 days on the earlier of the day on which:

the order of restitution is enforced; or

the defendant vacates the premises; and

may grant a party additional time for a motion under Subsection (5)(b).

If the court issues an order of restitution, the defendant shall provide a current address to the court and the plaintiff within 30 days of the day on which the court issues the order of restitution.

Failure of a defendant to provide an address under Subsection (6)(a) does not require the plaintiff or the court to bear the burden of seeking out the defendant to provide notice for any subsequent proceeding.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 2008–2021 · leading case: Martin v. Kristensen, 2019 UT App 127 (Utah Ct. App. 2019).

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Martin v. Kristensen, 2019 UT App 127 (Utah Ct. App. 2019). · cites it 6× “7 Once a defendant is found to be in unlawful detainer, the “jury or the court . . . shall also assess the damages resulting to the plaintiff from” the unlawful detainer.”

Gardiner v. Anderson, 2018 UT App 167 (Utah Ct. App. 2018). · cites it 5× “§ 78B-6-811(3) (2012). 7 Landlord further contends the district court erred in denying his motion for summary judgment because it was unopposed.”

Martin v. Kristensen, 2021 UT 17 (Utah 2021). · cites it 6× “§ 78B-6-811 (2008). And the statutory scheme makes clear that the landlord’s remedies are not suspended or affected by an order authorizing a tenant’s temporary possession.”

Golden Meadows Props., LC v. Strand, 2010 UT App 257 (Utah Ct. App. 2010). · cites it 2× “2007) (renumbered as Utah Code Ann. § 78B-6-811 (2008)). That section allows for "reasonable attorney fees" to be awarded in a suit for unlawful detainer.”

Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29 (Utah 2010). · cites it 2× “See Utah Code Ann. § 78B-6-811(3). This is evidence of a strong desire by the legislature to create a mechanism pursuant to which owners can be restored to possession of their property.”

Red Cliffs Corner, LLC v. J.J. Hunan, Inc., 2009 UT App 240 (Utah Ct. App. 2009). · cites it 6× “See Utah Code Ann. § 78B-6-811(8) (2008) (formerly codified at Utah Code Ann.”

Ortega v. Ridgewood Estates LLC, 2016 UT App 131 (Utah Ct. App. 2016). “" 148 Relying on sections 57-16-8 and 57-16-15(1)(d) of the Mobile Home Act and sections 78B-6-811(8) and 808(2) of the Unlawful Detainer statute, the district court awarded Ortega $11,100 in attorney fees as the prevailing party.”

Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153 (Utah Ct. App. 2013). · cites it 2× “Whether damages should be trebled under Utah Code section 78B-6-811 is an issue of statutory construction, which we review for correctness.”

Dennett v. Ferber, 2013 UT App 209 (Utah Ct. App. 2013). · cites it 2× “T11 Finally, Ferber seeks attorney fees incurred during the course of this appeal. The judgment against Dennett and Wakara includes an award of attorney fees based, in part, on the fact that Ferber prevailed on his unlawful detainer claim.”

Monaco Apt. Homes v. Figueroa, 2021 UT App 50 (Utah Ct. App. 2021). · cites it 2× “¶3 Landlord moved for attorney fees under Utah Rule of Civil Procedure 73 based on Utah Code section 78B-6-811(5) and the Stipulation and Judgment.”

Steinberg v. Cmty. Hous. Servs.-Capital Villa, Ltd., 326 P.3d 673 (Utah Ct. App. 2014). · cites it 2× “The trial court awarded Landlord its reasonable attorney fees incurred in defending the action under the statutory provisions governing forcible entry and detainer actions 4 See Utah Code Ann. § 78B-6-811 (LexisNexis 2012).”

Ld III, LLC v. Bbrd, Lc, 2013 UT App 115 (Utah Ct. App. 2013). “§ 78B-6-811. 114 Utah case law has imposed certain requirements on the use of the contempt power.”

Show all 16 citing cases →

— Utah Code § 78B-6-811(1)(b) — 1 case

Utah First Fed. Credit Union v. Dudley, 2012 UT App 164 (Utah Ct. App. 2012).

— Utah Code § 78B-6-811(2) — 2 cases

Martin v. Kristensen, 2021 UT 17 (Utah 2021). “§ 78B-6-811 (2008). And the statutory scheme makes clear that the landlord’s remedies are not suspended or affected by an order authorizing a tenant’s temporary possession.”

Sexton v. Poulsen & Skousen P.C., 372 F. Supp. 3d 1307 (2019).

— Utah Code § 78B-6-811(2)(b) — 1 case

Martin v. Kristensen, 2019 UT App 127 (Utah Ct. App. 2019). “7 Once a defendant is found to be in unlawful detainer, the “jury or the court . . . shall also assess the damages resulting to the plaintiff from” the unlawful detainer.”

— Utah Code § 78B-6-811(3) — 5 cases

Osguthorpe v. Wolf Mountain Resorts, L.C., 2010 UT 29 (Utah 2010). “See Utah Code Ann. § 78B-6-811(3). This is evidence of a strong desire by the legislature to create a mechanism pursuant to which owners can be restored to possession of their property.”

Gardiner v. Anderson, 2018 UT App 167 (Utah Ct. App. 2018). “§ 78B-6-811(3) (2012). 7 Landlord further contends the district court erred in denying his motion for summary judgment because it was unopposed.”

Dfi Props. LLC v. Gr 2 Enter. LLC, 2010 UT 61 (Utah 2010).

— Utah Code § 78B-6-811(5) — 2 cases

Monaco Apt. Homes v. Figueroa, 2021 UT App 50 (Utah Ct. App. 2021). “¶3 Landlord moved for attorney fees under Utah Rule of Civil Procedure 73 based on Utah Code section 78B-6-811(5) and the Stipulation and Judgment.”

— Utah Code § 78B-6-811(8) — 3 cases

Red Cliffs Corner, LLC v. J.J. Hunan, Inc., 2009 UT App 240 (Utah Ct. App. 2009). “See Utah Code Ann. § 78B-6-811(8) (2008) (formerly codified at Utah Code Ann.”

Dennett v. Ferber, 2013 UT App 209 (Utah Ct. App. 2013). “T11 Finally, Ferber seeks attorney fees incurred during the course of this appeal. The judgment against Dennett and Wakara includes an award of attorney fees based, in part, on the fact that Ferber prevailed on his unlawful detainer claim.”

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