Utah Code 78B-6-801. Definitions

78B-6-801. Definitions.

(1)	“Commercial tenant” means any tenant who may be a body politic and corporate, partnership, association, or company.

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.

(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

(b)	after entering peaceably upon real property, turning out by force, threats, or menacing conduct the party in actual possession.

(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.

(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 .

(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.

(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