78B-6-801. Definitions.
(1) |
“Commercial tenant” means any tenant who may be a body politic and corporate, partnership, association, or company. |
Terms Used In Utah Code 78B-6-801
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) |
“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. |
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(3) |
“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 |
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(b) |
after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession. |
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(4) |
“Occupant of real property” means one who within five days preceding an unlawful entry was in the peaceable and undisturbed possession of the property. |
(5) |
“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. |
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(6) |
(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 . |
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(7) |
(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. |
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(8) |
“Trespasser” means a person or entity that occupies real property but never had possessory rights in the premises. |
(9) |
“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. |
(10) |
“Willful exclusion” means preventing the tenant from entering into the premises with intent to deprive the tenant of entry. |
Amended by Chapter 264, 2016 General Session