Verified Complaint for Unlawful Detainer (Eviction) — Utah District Court
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VERIFIED COMPLAINT FOR UNLAWFUL DETAINER (EVICTION) — UTAH
TABLE OF CONTENTS
- Caption and Court Identification
- Parties
- Jurisdiction and Venue
- Tenancy and Lease
- Grounds for Unlawful Detainer
- Notice and Service
- Damages
- Causes of Action
- Prayer for Relief
- Verification
- Signature and Certificate of Service
- Required Exhibits
- Drafting and Filing Notes
- Sources and References
1. CAPTION AND COURT IDENTIFICATION
IN THE [____________] DISTRICT COURT OF THE STATE OF UTAH
[____________] COUNTY, [____________] DEPARTMENT
| Party | Role |
|---|---|
| [PLAINTIFF / OWNER NAME], | Plaintiff, |
| v. | |
| [DEFENDANT / TENANT NAME(S)], and ALL OTHER OCCUPANTS, | Defendants. |
| Case Information | Detail |
|---|---|
| Case No.: | [____________] |
| Judge: | [____________] |
| Filing Date: | [__/__/____] |
| Discovery tier (damages claimed): | ☐ Tier 1 (≤ $50,000) ☐ Tier 2 (> $50,000 and < $300,000, or nonmonetary relief without damages above $300,000) ☐ Tier 3 (≥ $300,000) — Utah R. Civ. P. 26(c)(3) |
| Action: | VERIFIED COMPLAINT FOR UNLAWFUL DETAINER (EVICTION) |
2. PARTIES
1. Plaintiff [PLAINTIFF NAME] is [an individual / a [STATE] limited liability company / a [STATE] corporation / etc.] and is the owner of the residential premises that are the subject of this action, located at:
[STREET ADDRESS, UNIT, CITY, COUNTY, UTAH ZIP] (the "Premises").
2. Defendant(s) [DEFENDANT NAME(S)] are the named tenant(s) in possession of the Premises and are residents of [____________] County, Utah. "All Other Occupants" are joined to bind any unknown adult occupants in possession.
3. Plaintiff is represented by undersigned counsel of record. Defendants are presently [represented by [NAME] / proceeding pro se / unknown].
3. JURISDICTION AND VENUE
4. This Court has subject-matter jurisdiction over this action under Utah Const. art. VIII and Utah Code § 78A-5-102 (district court general jurisdiction).
5. Venue is proper in this Court under Utah Code § 78B-3a-201 because the Premises are located in [____________] County, Utah, and the cause of action arose in this county.
6. This action is brought under Utah Code § 78B-6-801 et seq. (Forcible Entry, Detainer, and Unlawful Detainer) and is subject to expedited court procedures under § 78B-6-810. The summons must state the response period under § 78B-6-807(3), generally three business days from service unless the court allows more time under that provision.
4. TENANCY AND LEASE
7. On or about [__/__/____], Plaintiff (or Plaintiff's predecessor) and Defendant(s) entered into a [WRITTEN / ORAL] rental agreement (the "Lease") for the Premises. A true and correct copy of the written Lease, if any, is attached as Exhibit A.
8. Material Lease terms:
| Term | Detail |
|---|---|
| Tenancy type: | ☐ Fixed-term (expired [__/__/____]) ☐ Month-to-month ☐ Tenancy at will ☐ Holdover |
| Monthly rent: | $[__________] |
| Rent due date: | The [____] day of each month |
| Late-fee provision: | [LEASE § ____ — $____ flat / ____% per day, capped at $____] |
| Security deposit: | $[__________] |
9. Defendant(s) entered into possession of the Premises on or about [__/__/____] and have continuously occupied the Premises since that date.
10. Plaintiff has performed all conditions precedent under the Lease and Utah law, including delivering the Premises in compliance with Utah Code § 57-22-3 (Utah Fit Premises Act).
5. GROUNDS FOR UNLAWFUL DETAINER
Plaintiff pleads the following grounds for unlawful detainer under Utah Code § 78B-6-802. Check each applicable ground:
☐ (A) Nonpayment of rent — Utah Code § 78B-6-802(1)(c). Defendant(s) defaulted in payment of rent due [__/__/____] in the amount of $[________], and after service of a 3-business-day pay-or-quit notice failed to pay or surrender possession.
☐ (B) Holdover after expiration of fixed-term lease — Utah Code § 78B-6-802(1)(a). The Lease expired by its own terms on [__/__/____] and Defendant(s) hold over without consent.
☐ (C) No-cause termination of month-to-month tenancy — Utah Code § 78B-6-802(1)(b). Plaintiff served a 15-day notice to terminate on [__/__/____]; the notice period expired on [__/__/____] and Defendant(s) failed to surrender.
☐ (D) Curable lease covenant breach (comply or quit) — Utah Code § 78B-6-802(1)(h). Defendant(s) breached Lease section [____] by [DESCRIBE]. After service of a 3-calendar-day perform-or-surrender notice on [__/__/____], Defendant(s) failed to cure or surrender.
☐ (E) Unauthorized assignment / subletting — Utah Code § 78B-6-802(1)(d). Defendant(s) [assigned / sublet] the Premises to [NAME] in violation of Lease section [____]. After service of a 3-calendar-day notice, Defendant(s) failed to surrender.
☐ (F) Waste — Utah Code § 78B-6-802(1)(d). Defendant(s) committed/permitted waste consisting of [DESCRIBE]. After service of a 3-calendar-day notice, Defendant(s) failed to surrender.
☐ (G) Unlawful business / nuisance — Utah Code § 78B-6-802(1)(e) or (f); see § 78B-6-1107. Defendant(s) maintained nuisance/unlawful business consisting of [DESCRIBE]. After service of a 3-calendar-day notice, Defendant(s) failed to surrender.
☐ (H) Criminal acts on the premises — Utah Code § 78B-6-802(1)(g). Defendant(s) committed a criminal act on the Premises consisting of [DESCRIBE — police report no. [____]]. After service of a 3-calendar-day notice, Defendant(s) failed to surrender.
For any quit-only ground in (E) through (H): The violated condition cannot afterwards be performed or the violation cannot be brought into compliance within the meaning of § 78B-6-802(2) because [SPECIFIC FACTS: ____________________________________].
11. Defendant(s) remain in possession of the Premises and have wrongfully refused to surrender possession, thereby committing unlawful detainer under Utah Code § 78B-6-802.
6. NOTICE AND SERVICE
12. On [__/__/____], Plaintiff served Defendant(s) with a written [3-Business-Day Pay-or-Quit / 3-Day Comply-or-Quit / 3-Calendar-Day Notice to Quit / 15-Day No-Cause] Notice (the "Notice"). A true and correct copy is attached as Exhibit B.
13. The Notice was served by [☐ personal delivery / ☐ registered, certified, or equivalent delivery / ☐ substitute delivery while Tenant was absent / ☐ conspicuous posting after no suitable person could be found] in compliance with Utah Code § 78B-6-805. Proof of service is attached as Exhibit C.
14. The applicable notice period of [NUMBER] [business/calendar] days after service ended on [__/__/____]. Defendant(s) neither cured the default nor surrendered the Premises before that period ended. [Calculate the end date from the actual service date and the notice period required for the selected ground before filing.]
15. All conditions precedent to this action have been performed, satisfied, or excused.
7. DAMAGES
16. As a direct and proximate result of Defendant(s)' unlawful detainer, Plaintiff has suffered and continues to suffer damages, including:
| Damage Category | Amount | Statutory Basis |
|---|---|---|
| Past-due rent through [__/__/____] | $[________] | § 78B-6-811(3); add separately from the treble base |
| Detainer damages after termination at $[____]/day from [__/__/____] (do not duplicate separately claimed rent) | $[________] | § 78B-6-811(2)(b) |
| Waste / property damage (per § 78B-6-811(2)(c) — Exhibit D) | $[________] | § 78B-6-811(2)(c) |
| Other non-rent contract amounts due, if recoverable (identify lease term: [____]) | $[________] | § 78B-6-811(2)(d) |
| Damages eligible for trebling (only amounts assessed under § 78B-6-811(2)(a)–(e); exclude separately stated rent, fees, and costs) | $[________] | |
| Treble award (3× eligible damages subtotal; do not add the unmultiplied subtotal again) | $[________] | § 78B-6-811(3) |
| Costs of suit (not trebled) | $[________] | § 78B-6-811(5)(a) |
| Reasonable attorney fees (not trebled) | $[________] | § 78B-6-811(5)(a) |
| TOTAL (past-due rent + treble award + costs + attorney fees) | $[________] |
17. Plaintiff seeks treble damages because Defendant(s)' unlawful detainer is willful and continues notwithstanding lawful notice and a full statutory cure period.
8. CAUSES OF ACTION
COUNT I — UNLAWFUL DETAINER (Utah Code § 78B-6-802)
18. Plaintiff incorporates paragraphs 1–17.
19. Defendant(s) are guilty of unlawful detainer under Utah Code § 78B-6-802(1)([SUBSECTION]) because [STATE GROUND].
20. Plaintiff is entitled to (a) restitution of the Premises, (b) all rent and damages accrued, (c) treble damages under § 78B-6-811(3), (d) reasonable attorney fees, and (e) costs.
COUNT II — BREACH OF CONTRACT (Lease)
21. Plaintiff incorporates paragraphs 1–20.
22. The Lease is a valid and enforceable contract. Defendant(s) materially breached by [STATE BREACH], causing damages of $[________].
COUNT III — WASTE (Utah Code § 78B-6-811(2)(c))
23. Plaintiff incorporates paragraphs 1–22.
24. Defendant(s) committed waste of the Premises consisting of [DESCRIBE], in damages totaling $[________], for which Plaintiff seeks treble recovery.
COUNT IV — NUISANCE / ABATEMENT BY EVICTION (Utah Code § 78B-6-1107; § 78B-6-811(2)(e))
25. Plaintiff incorporates paragraphs 1–24.
26. Defendant(s) maintained a nuisance under Utah Code § 78B-6-1107 consisting of [DESCRIBE]. Plaintiff seeks abatement by eviction and damages.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in Plaintiff's favor and against Defendant(s) as follows:
- For immediate restitution of the Premises and an Order / Writ of Restitution under Utah Code § 78B-6-812;
- For all unpaid rent through the date of judgment in an amount to be proven, currently $[________];
- For holdover damages at the daily fair rental rate of $[____] per day from [__/__/____] through the date of restitution;
- For damages for waste and other harms under Utah Code § 78B-6-811(2);
- For TREBLE DAMAGES under Utah Code § 78B-6-811(3) on damages assessed under § 78B-6-811(2)(a)–(e);
- For reasonable attorney fees under the Lease and Utah Code § 78B-6-811;
- For costs of suit under Utah R. Civ. P. 54(d);
- For pre-judgment and post-judgment interest at the statutory rate (Utah Code § 15-1-1 et seq.);
- Upon request of either party after the defendant files an answer or response, for an evidentiary hearing under Utah Code § 78B-6-810(2) to determine occupancy during the litigation; and
- For such other and further relief as the Court deems just and proper.
Plaintiff demands trial by jury on all triable issues.
10. VERIFICATION
I, [PLAINTIFF / DECLARANT NAME], declare under criminal penalty under the law of Utah that the foregoing is true and correct. Utah Code § 78B-18a-106.
| Field | Entry |
|---|---|
| Declarant name (printed): | [____________________________________] |
| Capacity: | ☐ Plaintiff (individual) ☐ Authorized officer/manager of Plaintiff entity |
| Signature: | _________________________________ |
| Executed at (city / county): | [____________], [____________] County, Utah |
| Date: | [__/__/____] |
This verification uses the form prescribed by Utah Code § 78B-18a-106.
11. SIGNATURE AND CERTIFICATE OF SERVICE
| Field | Entry |
|---|---|
| Attorney for Plaintiff: | [____________________________________] |
| Utah Bar No.: | [____________] |
| Firm: | [____________________________________] |
| Address: | [____________________________________] |
| Telephone: | [____________________________________] |
| Email: | [____________________________________] |
| Signature: | _________________________________ |
| Date: | [__/__/____] |
CERTIFICATE OF SERVICE. I certify that on [__/__/____], a true and correct copy of the foregoing was served on Defendant(s) together with the Summons stating the response period under Utah Code § 78B-6-807(3), by a method authorized under Utah R. Civ. P. 4:
☐ Personal service by [PROCESS SERVER NAME, BADGE/LICENSE NO.];
☐ Other method authorized for service of the Summons and Complaint: [____________________];
☐ Other (court-ordered): [____________________].
12. REQUIRED EXHIBITS
| Exhibit | Description |
|---|---|
| A | Lease (or sworn description if oral) |
| B | Notice to Quit / Pay-or-Quit / Comply-or-Quit |
| C | Proof of Service of Notice (signed under penalty of perjury) |
| D | Photographs / inspection report (waste, nuisance, criminal activity) |
| E | Rent ledger / itemized account |
| F | Police reports / witness statements (if applicable) |
| G | CARES Act covered-property determination (if applicable) |
| H | PHA notice / HUD documentation (if Section 8) |
13. DRAFTING AND FILING NOTES
| Issue | Practice Pointer |
|---|---|
| Complaint allegations. | State the facts supporting recovery and, for a nonpayment claim, the amount of rent or other amounts due (§ 78B-6-807(1)-(2)). |
| Response period in summons. | The summons must state three business days from service to appear and defend, unless the defendant objects and the court allows more time (§ 78B-6-807(3)). |
| Possession bond. | Section 78B-6-808 governs a plaintiff's optional possession bond and the resulting alternative procedures, including a defendant's counterbond and a prompt bond-related hearing. |
| Occupancy hearing. | On either party's request after an answer or response, the court holds an evidentiary hearing within 10 business days to determine occupancy during the action (§ 78B-6-810(2)). Section 78B-6-809 addresses proof and defenses. |
| Acceptance of partial rent. | Acceptance after the notice period generally waives forfeiture. If you must accept, document a written non-waiver. Consider a "for use and occupancy only" reservation. |
| CARES Act. | For a covered dwelling, evaluate the federal 30-day notice to vacate under 15 U.S.C. § 9058(c) separately from Utah Code § 78B-6-802(5)'s narrower description of that requirement. Utah preserves the three-business-day period to pay under § 78B-6-802(1)(c), but that does not resolve the federal notice-to-vacate question. Document coverage, the notices served, and the controlling federal interpretation before requesting an order requiring vacancy. |
| Housing Choice Voucher. | For a private owner evicting a voucher tenant, identify a ground permitted by 24 C.F.R. § 982.310 and send the PHA a copy of the owner eviction notice under subsection (e)(2)(ii). The PHA grievance procedure in 24 C.F.R. part 966 does not require that owner to exhaust a PHA grievance before suing. |
| Public housing. | If the PHA is the landlord, check the tenant-PHA grievance procedure in 24 C.F.R. § 966.51 and any applicable exception before proceeding. |
| Treble damages preservation. | Utah Code § 78B-6-811(3) trebles damages "assessed under Subsections (2)(a) through (2)(e)." Plead each subcategory (a) forcible entry, (b) detainer damages, (c) waste, (d) contract amounts due, (e) nuisance abatement to maximize recovery. |
| Self-help bar. | While the case is pending, do NOT change locks, shut off utilities, or remove tenant property (§ 78B-6-814). Self-help triggers tenant counterclaim and possible dismissal. |
| Tier and discovery. | Rule 26(c)(3) places a $300,000 damages claim in Tier 3; a claim for nonmonetary relief without damages above $300,000 is Tier 2. When the tenant remains in possession, trial begins within 60 days after complaint service unless the parties agree otherwise (§ 78B-6-810(1)(b)). |
| Habitability defense. | Anticipate § 57-22 habitability defenses; prepare a maintenance log and dated repair records. |
| Appeal. | In a statutory unlawful detainer action, file the notice of appeal with the trial court clerk within 10 days after entry of judgment or order (Utah R. App. P. 4(a)(1)). Possession may be stayed only by supersedeas bond covering rent + damages. |
14. SOURCES AND REFERENCES
- Utah Code § 78B-6-801 — Definitions (le.utah.gov)
- Utah Code § 78B-6-802 — Unlawful detainer by tenant (le.utah.gov)
- Utah Code § 78B-6-805 — Service of notice (le.utah.gov)
- Utah Code § 78B-6-807 — Complaint allegations and summons response period (le.utah.gov)
- Utah Code § 78B-6-808 — Plaintiff's possession bond and alternative remedies (le.utah.gov)
- Utah Code § 78B-6-809 — Proof and defenses (le.utah.gov)
- Utah Code § 78B-6-810 — Expedited procedures and evidentiary hearing (le.utah.gov)
- Utah R. Civ. P. 26(c)(3) — Discovery tiers (Utah Courts)
- Utah Code § 78B-6-811 — Judgment, treble damages, attorney fees (le.utah.gov)
- Utah Code § 78B-6-812 — Order of restitution (le.utah.gov)
- Utah Code § 78B-6-814 — Self-help eviction prohibited (le.utah.gov)
- Utah Code Title 57, Chapter 22 — Utah Fit Premises Act (le.utah.gov)
- Utah Code Title 57, Chapter 17 — Residential Renters' Deposits (le.utah.gov)
- Utah Courts Form 1100EV — Complaint for Unlawful Detainer (utcourts.gov)
- Utah Courts Self-Help Center — Eviction (Landlord) (utcourts.gov)
- Utah R. Civ. P. 4, 8, 11, 26, 54
- 15 U.S.C. § 9058 — CARES Act 30-day notice
- Congressional Research Service, CARES Act Eviction Notice Requirements: Background and Recent Developments (May 20, 2026): https://www.congress.gov/crs_external_products/R/PDF/R48955/R48955.2.pdf
- 24 C.F.R. § 982.310 — HCV good-cause termination
DISCLAIMER: This template is provided for informational purposes only and does not constitute legal advice. Utah unlawful detainer is a strict-construction expedited proceeding. Have this Complaint reviewed by a licensed Utah attorney before filing.
About this template
- Last updated
- October 28, 2026
- Jurisdiction
- Utah
- Category
- Landlord & Tenant
Legal authority
- Utah R. Civ. P. 8(a)
- Utah Code § 78B-6-801 (Forcible entry and detainer — definitions)
- Utah Code § 78B-6-802 (Unlawful detainer by tenant — notice provisions)
- Utah Code § 78B-6-805 (Service of notice)
- Utah Code § 78B-6-807 (Complaint allegations; summons response period)
- Utah Code § 78B-6-808 (Plaintiff's possession bond; alternative remedies)
- Utah Code § 78B-6-809 (Proof and defenses; unlawful-detainer counterclaim)
- Utah Code § 78B-6-810 (Expedited court procedures; evidentiary hearing; trial)
- Utah Code § 78B-6-811 (Judgment for restitution, damages, rent, treble damages, attorney fees)
- Utah Code § 78B-6-812 (Order of restitution — execution by sheriff/constable)
- Utah Code § 78B-6-814 (Self-help eviction prohibited)
- Utah Code § 57-22-3, -4, -5, -6, -7 (Utah Fit Premises Act)
- Utah Code § 57-17-3 (Security deposit return)
- Utah R. Civ. P. 4 (Process); 8 (General rules of pleading); 11 (Signing); 26 (Discovery)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
Utah Code § 78B-6-811(3) (checked October 27, 2026): "The court shall enter the judgment against the defendant for the rent and for three times the amount of the damages assessed under Subsections (2)(a) through (2)(e)."
Utah Code § 78B-6-811(5)(a) (checked October 27, 2026): "shall award costs and reasonable attorney fees to the prevailing party;"
Utah Code § 78B-6-807(3) (checked October 25, 2026): "The summons shall include the number of days within which the defendant is required to appear and defend the action, which shall be three business days from the date of service, unless the defendant objects to the number of days, and the court determines that the facts of the case should allow more time."
Utah Code § 78B-6-808(1), (4) (checked October 25, 2026): "At any time between the filing of the complaint and the entry of final judgment, the plaintiff may execute and file a possession bond."
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