Utah Code § 38-3 § 38-3-4
Attachment -- Affidavit and bond.
Operative Text
Attachment -- Affidavit and bond. The lessor shall before the issue of such writ of attachment file a complaint, and an affidavit duly sworn to setting forth the amount of rent due over and above all offsets and counterclaims and a brief description of the leased premises, and shall further state, under oath that such writ of attachment is not sued out for the purpose of vexing or harassing the lessee; and the person applying for such writ of attachment shall execute and file a bond as in other cases of attachment.
Utah Code Ann. § 38-3-4 establishes the procedural prerequisites a lessor must satisfy before a writ of attachment can be issued in a landlord-tenant rent dispute. Specifically, the law requires the filing of a formal complaint and a sworn affidavit that states the net amount of rent owed, a brief description of the leased property, and a declaration that the attachment is not being sought to harass or vex the tenant. The lessor must also post a bond, consistent with general attachment procedures under Utah law.
Plain English — not legal advice.
Under Utah Code Ann. § 38-3-4, a property owner or manager seeking a writ of attachment for unpaid rent must complete several formal steps before the writ can issue. A compliant operator files a verified complaint, executes a sworn affidavit detailing the net rent owed and a description of the premises, and affirmatively swears the action is not motivated by harassment. Additionally, the lessor executes and files an attachment bond in accordance with standard Utah attachment requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. § 38-3-4 provides procedural protections for tenants by requiring a landlord to meet specific sworn-statement and bonding requirements before obtaining a writ of attachment. If a landlord fails to file the required affidavit, complaint, or bond — or if the affidavit does not accurately reflect offsets and counterclaims the tenant may have — these deficiencies can be relevant to challenging the attachment. Tenants who believe an attachment was improperly sought or was filed for harassing purposes may wish to consult a tenant-rights organization or legal aid provider familiar with Utah attachment law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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