Utah Code § 78B-6a § 78B-6a-302
Right of action for private nuisance.
Operative Text
Right of action for private nuisance. (1) Except as otherwise provided by this part or Part 4, Defenses for Nuisance Actions, a person has a right of action for a private nuisance if: (a) the person owns or possesses a legal interest in the real property that is the subject of the action; and (b) the person's real property is injuriously affected by the private nuisance or the person's personal enjoyment is lessened by the private nuisance. (2) If the person prevails in an action described in Subsection (1), the court may, in addition to any other relief the court considers just and proper: (a) award damages; (b) order the nuisance to be enjoined or abated, including: (i) requiring a defendant to make repairs to the nuisance property or property that is injuriously affected by the nuisance; (ii) requiring a defendant to: (A) install and maintain secure locks on the nuisance property's doors or windows; (B) provide security personnel or video surveillance monitoring of the nuisance property; or (C) install and maintain lighting in and around common areas; or (iii) abatement by eviction as provided in this part; (c) grant declaratory relief as described in Chapter 4, Part 4, Declaratory Judgments; or (d) award costs and reasonable attorney fees to the prevailing party as described in Section 78B-6a-103. (3) A court that issues a judgment or order under this section retains jurisdiction to enforce the judgment or order.
Utah Code Ann. §§ 78B-6a-302 to -304 establishes that any person who owns or holds a legal interest in real property—and whose property is harmed or whose personal enjoyment is diminished by a private nuisance—may bring a civil lawsuit over that nuisance. If the person bringing the action prevails, a court can award monetary damages, issue an injunction or abatement order (which may include requiring repairs, security measures, or lighting), grant declaratory relief, or award attorney fees and costs. The court that issues such a judgment retains ongoing jurisdiction to enforce it.
Plain English — not legal advice.
Under Utah Code Ann. §§ 78B-6a-302 to -304, property owners and managers are subject to court-ordered remedies if a nuisance condition on their property injuriously affects neighboring owners or lessens others' personal enjoyment. Compliant operators generally address known nuisance conditions proactively—such as maintaining secure locks, adequate lighting in common areas, and appropriate security measures—because courts can order these specific corrective actions as part of an abatement order. Landlords should also be aware that a prevailing plaintiff may be entitled to attorney fees and costs under this provision, which can significantly increase the financial exposure of a nuisance action.
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-302 to -304 gives tenants who hold a legal interest in real property a right to bring a private nuisance action when their property is harmed or their personal enjoyment is substantially lessened by a nuisance. If successful, a tenant may be entitled to damages, an injunction requiring the responsible party to make repairs or install security measures, declaratory relief, and potentially attorney fees and costs. Tenants who believe they are affected by a private nuisance may wish to document the conditions carefully and consult a tenant-rights organization or legal aid provider to understand the range of options available under this statute.
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
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Rules and statutes that cite this regulation