Utah Code § 78B-6a § 78B-6a-103
Award of costs and attorney fees.
Operative Text
Award of costs and attorney fees. (1) The court may award costs, including the costs of investigation and discovery, and reasonable attorney fees, which are not compensated for in accordance with another provision of law, to the prevailing party in any case in which a party brings an action to abate a nuisance under this chapter. (2) If a defendant is a landlord, owner, or designated agency, the court may award costs, including the costs of investigation and discovery, and reasonable attorney fees against the defendant only when the court finds that the defendant had actual notice of the nuisance action and willfully failed to take reasonable action within a reasonable time to abate the nuisance.
Under Utah Code Ann. §§ 78B-6a-101, 78B-6a-103, 78B-6a-302 to -304, 78B-6a-405, a court handling a nuisance-abatement action has discretion to award litigation costs—including investigation and discovery expenses—and reasonable attorney fees to whichever party prevails. When the defendant is a landlord, property owner, or designated agency, however, that fee-shifting is subject to a higher bar: the court may only impose costs and fees against such a defendant if it finds the defendant had actual notice of the nuisance action and willfully failed to take reasonable steps to address it within a reasonable time. This structure creates an asymmetric standard that gives property-owner defendants a degree of protection not available to other defendants.
Plain English — not legal advice.
Under Utah Code Ann. §§ 78B-6a-101, 78B-6a-103, 78B-6a-302 to -304, 78B-6a-405, landlords and property owners who receive notice of a nuisance action generally protect themselves from fee-shifting by taking prompt, documented, and reasonable steps to abate the nuisance. Compliant operators typically maintain records showing when they received notice and what remediation actions they undertook, because the statute's fee-shifting provision against a landlord-defendant is triggered only upon a court finding of actual notice combined with willful inaction. Operators who respond diligently and in good faith to nuisance complaints are in a stronger position if a court later evaluates whether fees should be awarded.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Utah Code Ann. §§ 78B-6a-101, 78B-6a-103, 78B-6a-302 to -304, 78B-6a-405 gives courts the authority to award a prevailing party their litigation costs and reasonable attorney fees in a nuisance-abatement case, which can be a meaningful consideration for tenants weighing whether to pursue such an action. If a tenant or other party prevails in a nuisance action, the court may order the losing side to cover those expenses—though when the defendant is a landlord, the court must first find that the landlord had actual notice and willfully failed to act. Tenants who believe a nuisance condition exists may wish to consult a tenant-rights organization or legal aid provider to understand how this fee-shifting framework applies to their circumstances.
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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