Utah Code § 78B-6-801 § 78B-6-801

Definitions.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026UtahEviction & Just Cause

Operative Text

Utah Code § 78B-6-801 § 78B-6-801
Definitions.

(1) "Commercial tenant" means any tenant who may be a body politic and corporate, partnership, association, or company.
(2) (a) "Constable" means an individual acting at the direction of:
(i) a city, as described in Section 10-7-87; or
(ii) a county, as described in Title 17, Chapter 78, Part 6, Constables.
(b) "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.
(3) "Forcible detainer" means:
(a) holding and keeping by force, or by menaces and threats of violence, the possession of any real property, whether acquired peaceably or otherwise; or
(b) 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.
(4) "Forcible entry" means:
(a) entering any real property by:
(i) breaking open doors, windows, or other parts of a house;
(ii) fraud, intimidation, or stealth; or
(iii) any kind of violence or circumstances of terror; or
(b) after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession.
(5) "Occupant of real property" means one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property.
(6) "Owner":
(a) means the actual owner of the premises;
(b) has the same meaning as landlord under common law and the statutes of this state; and
(c) includes the owner's designated agent or successor to the estate.
(7) (a) "Peaceable possession" means having a legal right to possession.
(b) "Peaceable possession" does not include:
(i) the occupation of premises by a trespasser; or
(ii) continuing to occupy real property after being served with an order of restitution issued by a court of competent jurisdiction .
(8) (a) "Tenant" means any natural person and any individual, including a commercial tenant.
(b) "Tenant" does not include a person or entity that has no legal right to the premises.
(9) "Trespasser" means a person or entity that occupies real property but never had possessory rights in the premises.
(10) "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.
(11) "Willful exclusion" means preventing the tenant from entering into the premises with intent to deprive the tenant of entry.
Source: Legislative text reproduced verbatim
Plain English

Utah Code Ann. § 78B-6-801 establishes the foundational vocabulary used throughout Utah's forcible entry and detainer statutes. It defines key terms such as 'forcible entry,' 'forcible detainer,' 'unlawful detainer,' 'peaceable possession,' and 'willful exclusion,' which govern how courts and parties interpret disputes over possession of real property. The definitions clarify who qualifies as a tenant, owner, trespasser, or occupant, and they set the boundaries for what constitutes lawful versus unlawful conduct in connection with property possession.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Utah Code Ann. § 78B-6-801 should be aware that the statute carefully distinguishes between an 'owner' (which includes designated agents and successors) and a 'trespasser' or holdover occupant. Compliant operators generally ensure that any steps taken to recover possession—such as serving a notice to quit—align with the specific definitions in this section, particularly the definition of 'unlawful detainer,' which requires proper notice before a possession claim can proceed. Understanding the definition of 'willful exclusion' is also relevant, as it describes conduct—intentionally preventing a tenant from entering the premises—that falls outside lawful property management practice under this chapter.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Utah Code Ann. § 78B-6-801 defines 'tenant' broadly to include natural persons and commercial entities, while also clarifying that 'peaceable possession' requires a legal right to occupy—meaning a court-issued order of restitution ends that protected status. The definition of 'willful exclusion' is particularly relevant to tenants, as it describes a landlord's intentional act of preventing entry, which may form the basis of a legal claim or defense in a Utah court proceeding. Tenants who believe they have been unlawfully excluded or subjected to a 'forcible entry' or 'forcible detainer' as defined in this section may wish to consult a tenant-rights organization or legal aid provider to understand available remedies.

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.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Utah Code § 10-7-87
Not yet ingested
Utah Code § 17-78
Not yet ingested
Utah Code § 58-91
Not yet ingested

References In

Rules and statutes that cite this regulation

Utah Code § 78B-6-811
Utah Code § 78B-6-812
Utah Code § 78B-6-812
Utah Code § 78B-6-810
Utah Code § 78B-6-805
Utah Code § 78B-6-808
Utah Code § 78B-6-816
Utah Code § 78B-6-816
Utah Code § 78B-6-801
Utah Code § 78B-6-814
Utah Code § 78B-6-805
Utah Code § 78B-6-812
Utah Code § 78B-6-811
Utah Code § 78B-6-805
Utah Code § 78B-6-802

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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