Utah Code » Title 78B, Chapter 6 — Particular Proceedings; part 78B-6-8 — Forcible Entry and Detainer
Utah Code

Utah Code § 78B-6-815 (2026)

Abandonment

✓ current as of May 2026
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Abandonment is presumed in either of the following situations:
The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent within 15 days after the due date, and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the premises.
The tenant has not notified the owner that the tenant will be absent from the premises, and the tenant fails to pay rent when due and the tenant's personal property has been removed from the dwelling unit and there is no reasonable evidence that the tenant is occupying the premises.
Abandonment is established as a matter of law if the owner has reason to believe that the presumption of abandonment under Subsection (1) has been met, the owner serves the tenant with a declaration of abandonment, and the tenant fails to dispute or rebut the declaration of abandonment in accordance with this Subsection (2).
The tenant may be served with a declaration of abandonment that includes at least a contact address for the owner, contains a brief factual basis supporting the owner's reasonable belief that the presumption of abandonment under Subsection (1) has been met, and states the date and time of service and includes the following language, or language that is substantially similar: "It is believed that these premises are abandoned and the owner is seeking to regain possession of the premises. If a tenant in legal possession of the premises has not abandoned the premises, the tenant must dispute abandonment in writing within 24 hours of service of this declaration of abandonment by providing a copy to the owner at the contact address included with this declaration of abandonment. If written notice is not served on the owner within 24 hours, the owner may retake possession of the premises." The 24-hour period stated in this Subsection (2)(a) does not include a Saturday, a Sunday, or a holiday during which the Utah state courts are closed.
Service of the declaration of abandonment by the owner and any dispute or rebuttal by the tenant shall be made pursuant to Section 78B-6-805.
If the tenant fails to dispute the declaration of abandonment in writing by serving notice to the owner within 24 hours of being served a declaration of abandonment, excluding a Saturday, a Sunday, or a holiday during which the Utah state courts are closed, the declaration of abandonment serves as prima facia evidence that the tenant has vacated and abandoned the premises.
The tenant bears the burden to rebut an abandonment that is established by a declaration of abandonment by clear and convincing evidence.
Notes of Decisions
Cited in 3 cases, 2011–2014 · leading case: Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153, 305 P.3d 196.
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Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153, 305 P.3d 196. · cites it 7× “Third, while noting that Tenant did not comply with rule 26(a)(1) of the Utah Rules of Civil Procedure requiring the disclosure of his damages evidence, the court determined that even if the evidence were considered, it did not show that Tenant had suffered damages.”
Rand v. KOA Campgrounds, 2014 UT App 246, 338 P.3d 222. · cites it 4× “The trial court found proof of abandonment was established by the evidence presented under both section 57-16-13 of the Mobile Home Park Residency Act and section 78B-6-815 of the Utah Code. 1 13 The applicable provision in the Mobile Home Park Residency Act states, Abandonment…”
Vicchrilli v. Tracy, 2011 UT App 354, 264 P.3d 760. · cites it 2× “Under Utah Code section 78B-6-815, Tracy "hald] the burden of proving inability to comply with the child support order.”
Utah Code § 78B-6-815(1): 1 case
Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153, 305 P.3d 196. “Third, while noting that Tenant did not comply with rule 26(a)(1) of the Utah Rules of Civil Procedure requiring the disclosure of his damages evidence, the court determined that even if the evidence were considered, it did not show that Tenant had suffered damages.”
Utah Code § 78B-6-815(2): 1 case
Bonnie & Hyde, Inc. v. Lynch, 2013 UT App 153, 305 P.3d 196. “Third, while noting that Tenant did not comply with rule 26(a)(1) of the Utah Rules of Civil Procedure requiring the disclosure of his damages evidence, the court determined that even if the evidence were considered, it did not show that Tenant had suffered damages.”
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