Verified Complaint for Unlawful Detainer (Eviction) — Utah District Court
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: | [__/__/____] |
| Tier: | ☐ Tier 1 (≤ $50,000) ☐ Tier 2 ($50,001–$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 entitled to expedited treatment, including the three-business-day answer deadline (Utah Code § 78B-6-810(2)).
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)(c). Defendant(s) breached Lease section [____] by [DESCRIBE]. After service of a 3-business-day comply-or-quit notice on [__/__/____], Defendant(s) failed to cure or surrender.
☐ (E) Unauthorized assignment / subletting (no cure) — 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 (no cure) — Utah Code § 78B-6-802(1)(e). 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 (no cure) — Utah Code § 78B-6-802(1)(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 or about the premises (no cure) — Utah Code § 78B-6-802(1)(g). Defendant(s) committed criminal acts on/about the Premises consisting of [DESCRIBE — police report no. [____]]. After service of a 3-calendar-day notice, Defendant(s) failed to surrender.
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 No-Cure / 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 / ☐ substituted service with mailing / ☐ posting and mailing] in compliance with Utah Code § 78B-6-805. Proof of service is attached as Exhibit C.
14. The notice period expired on [__/__/____] (the first business or calendar day, as applicable, that the Notice could have been satisfied), and Defendant(s) neither cured the default nor surrendered the Premises.
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(2)(d) |
| Holdover rent at daily rate of $[____]/day from [__/__/____] | $[________] | § 78B-6-811(2)(b) |
| Waste / property damage (per § 78B-6-811(2)(c) — Exhibit D) | $[________] | § 78B-6-811(2)(c) |
| Late fees (lease-defined as additional rent) | $[________] | Lease § [____] |
| Costs of suit | $[________] | Utah R. Civ. P. 54(d) |
| Reasonable attorney fees | $[________] | Lease § [____] / § 78B-6-811 |
| Subtotal | $[________] | |
| Treble damages (3× damages assessed under § 78B-6-811(2)(a)–(e)) | $[________] | § 78B-6-811(3) |
| TOTAL | $[________] |
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.);
- For an order under Utah Code § 78B-6-809 setting a pre-judgment occupancy hearing and/or evidentiary hearing under § 78B-6-810; 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 of the State of Utah that the foregoing is true and correct.
| Field | Entry |
|---|---|
| Declarant name (printed): | [____________________________________] |
| Capacity: | ☐ Plaintiff (individual) ☐ Authorized officer/manager of Plaintiff entity |
| Signature: | _________________________________ |
| Executed at (city / county): | [____________], [____________] County, Utah |
| Date: | [__/__/____] |
Pursuant to Utah Code § 78B-5-705 (declaration in lieu of affidavit), this verification is made under penalty of perjury under the laws of the State of Utah.
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 issued under Utah Code § 78B-6-808 and Utah R. Civ. P. 4, by:
☐ Personal service by [PROCESS SERVER NAME, BADGE/LICENSE NO.];
☐ Substituted service per Utah Code § 78B-6-805 (substituted with mailing);
☐ 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 |
|---|---|
| Verification is mandatory. | Utah Code § 78B-6-808 effectively requires verification; an unverified UD complaint risks dismissal. |
| Three-business-day answer. | The Summons issued under § 78B-6-808 must state the 3-business-day answer deadline (§ 78B-6-810(2)). Use Utah Courts approved Summons (form 1130GE) or equivalent — defective summons = no jurisdiction. |
| Occupancy hearing. | Under § 78B-6-809, either party may request an occupancy hearing for pre-judgment possession determinations. Plaintiffs use this when tenant disputes notice; tenants use this for habitability 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. | If the Premises are CARES Act covered (federally backed mortgage / LIHTC / federal subsidy), you must have served a 30-day notice and pleaded compliance. Failure is a complete defense. |
| Section 8 / HUD. | A copy of the notice must go to the PHA, and federal good-cause grounds must be pleaded. PHA grievance procedures may bar court action until exhausted. |
| 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. | Even though UD is expedited, discovery is technically tier-based under URCP 26. Trial is set within 60 days of complaint service (§ 78B-6-810(4)). |
| Habitability defense. | Anticipate § 57-22 habitability defenses; prepare a maintenance log and dated repair records. |
| Appeal. | Either party may appeal to the Utah Court of Appeals within 30 days of judgment (Utah R. App. P. 4). 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-6-808 — Complaint and summons (le.utah.gov)
- Utah Code § 78B-6-809 — Pre-judgment occupancy hearing (le.utah.gov)
- Utah Code § 78B-6-810 — Court procedures (3-business-day answer; 10-business-day evidentiary hearing) (le.utah.gov)
- 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
- 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
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.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: May 2026
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