UT
Utah House Bill HB0126

Utah 2025 Regular Session

Utah House Bill HB0126 Compare Versions

Only one version of the bill is available at this time.
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11 01-07 16:07 H.B. 126
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33 Unauthorized Use of Residential Real Property Modifications
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Karianne Lisonbee
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88
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1010 LONG TITLE
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1212 General Description:
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1414 This bill addresses the consequences of unauthorized use of residential real property by
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1616 providing a limited alternative remedy to remove a trespasser from a residential dwelling and
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1818 providing a criminal penalty for the fraudulent sale or rental of residential real property.
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2020 Highlighted Provisions:
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2222 This bill:
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2424 ▸ authorizes property owners or their agents to request assistance from the sheriff for the
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2626 immediate removal of a trespasser from a residential dwelling under certain conditions;
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2828 ▸ requires an owner seeking removal of a trespasser, or the owner's authorized agent, to
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3030 submit a complaint;
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3232 ▸ specifies requirements for the complaint;
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3434 ▸ provides requirements for the sheriff;
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3636 ▸ authorizes a sheriff to arrest a trespasser for legal cause;
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3838 ▸ provides that a sheriff is entitled to a specified fee for service of notice to vacate;
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4040 ▸ authorizes the owner or agent to request that the sheriff stand by while the owner or agent
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4242 takes possession of the property;
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4444 ▸ authorizes the sheriff to charge a reasonable hourly rate;
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4646 ▸ provides that the sheriff is not liable to any party for loss, destruction, or damage;
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4848 ▸ provides that the property owner or agent is not liable to any party for the loss or
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5050 destruction of, or damage to, personal property unless it was wrongfully removed;
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5252 ▸ provides civil remedies;
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5454 ▸ imposes criminal penalties for unlawfully detaining, occupying, or trespassing of, a
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5656 residential dwelling intentionally and causing a specified amount of damage; imposes
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5858 criminal penalties for any person who knowingly and willfully presents a false document
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6060 purporting to be a valid lease agreement, deed, or other instrument conveying real
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6262 property rights;
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6464 ▸ imposes criminal penalties for fraudulently listing or advertising for sale, or renting or
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6666 leasing, residential real property under certain circumstances; and provides criminal H.B. 126 01-07 16:07
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6868 penalties for committing perjury.
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7070 Money Appropriated in this Bill:
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7272 None
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7474 Other Special Clauses:
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7676 None
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7878 Utah Code Sections Affected:
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8080 ENACTS:
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8282 76-6-106.2, Utah Code Annotated 1953
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8484 76-6-525, Utah Code Annotated 1953
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8686 78B-6-817, Utah Code Annotated 1953
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8888
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9090 Be it enacted by the Legislature of the state of Utah:
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9292 Section 1. Section 76-6-106.2 is enacted to read:
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9494 76-6-106.2 . Property damage or destruction by a trespasser in a residential
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9696 dwelling.
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9898 (1) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
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100100 (2) An actor commits property damage or destruction by a trespasser in a residential
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102102 dwelling if the actor:
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104104 (a) enters and remains unlawfully in a residential dwelling; and
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106106 (b) causes damage or pecuniary loss equal to or in excess of $1,000.
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108108 (3) A violation of Subsection (2) is a second degree felony.
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110110 Section 2. Section 76-6-525 is enacted to read:
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112112 76-6-525 . Fraudulent advertisement, sale, or lease of residential real property.
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114114 (1) Terms defined in Section 76-1-101.5 apply to this section.
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116116 (2) An actor commits fraudulent advertisement, sale, or lease of residential real property if
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118118 the actor knowingly:
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120120 (a)(i) lists or advertises residential real property for sale; or
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122122 (ii) sells or leases residential real property; and
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124124 (b) does not have legal title to the property or authority to sell or lease the property.
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126126 (3) A violation of Subsection (2) is a second degree felony.
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128128 Section 3. Section 78B-6-817 is enacted to read:
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130130 78B-6-817 . Limited alternative remedy to remove a trespasser from residential
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132132 real property
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134134 (1) An owner of a residential dwelling, or the property owner's authorized agent, may
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137137 request that the sheriff of the county in which the dwelling is located, immediately
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139139 remove a trespasser occupying a residential dwelling if the following conditions are met:
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141141 (a) the property owner, or an authorized agent of the property owner, attests that the
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143143 trespasser has unlawfully entered and remains in the residential dwelling;
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145145 (b) the residential dwelling was not open to members of the public at the time the
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147147 trespasser entered;
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149149 (c) the property owner has directed the trespasser to leave the residential dwelling;
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151151 (d) the trespasser is not a current or former tenant of the residential dwelling under a
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153153 written rental agreement authorized by the property owner;
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155155 (e) the trespasser is not an immediate family member of the property owner; and
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157157 (f) there is no pending litigation related to the residential dwelling between the property
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159159 owner and the trespasser.
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161161 (2)(a) To request the immediate removal of a trespasser of a residential dwelling, the
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163163 property owner or property owner's authorized agent shall submit a complaint by
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165165 presenting a completed and verified Complaint to Remove Trespassers Unlawfully
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167167 Occupying Residential Dwelling to the sheriff of the county in which the real
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169169 property is located.
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171171 (b) The submitted complaint shall be in substantially the following form:
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173173 COMPLAINT TO REMOVE TRESPASSERS UNLAWFULLY OCCUPYING A
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175175 RESIDENTIAL DWELLING
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177177 I, the owner or authorized agent of the owner of the real property located at
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179179 [physical address of the residential dwelling], declare under the penalty of perjury
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181181 that (initial each box):
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183183 1. ...... I am the owner of the real property or the authorized agent of the owner of
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185185 the real property.
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187187 2. ...... I purchased the property on [date].
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189189 3. ...... The real property is a residential dwelling.
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191191 4. ...... A trespasser has unlawfully entered and is remaining or residing unlawfully
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193193 in the residential dwelling.
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195195 5. ...... The residential dwelling was not open to members of the public at the time
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197197 the trespasser entered.
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199199 6. ...... I have directed the trespasser to leave the residential dwelling, but the
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201201 trespasser has not done so.
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203203 7. ...... The trespasser is not a current or former tenant according to any valid lease
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206206 authorized by the property owner for the residential dwelling, and any lease that may
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208208 be produced by an occupant is fraudulent.
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210210 8. ...... The trespasser sought to be removed is not an owner or a co-owner of the
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212212 property and has not been listed on the title to the property unless the trespasser has
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214214 engaged in title fraud.
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216216 9. ...... The trespasser is not an immediate family member of the property owner.
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218218 10. ...... There is no litigation related to the residential dwelling pending between
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220220 the property owner and any trespasser sought to be removed.
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222222 11. ...... I understand that an individual removed from the residential dwelling with
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224224 this procedure may bring a cause of action against me for any false statements made
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226226 in this complaint, or for wrongfully using this procedure, and that as a result of such
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228228 action I may be held liable for actual damages, penalties, costs, and reasonable
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230230 attorney fees.
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232232 12. ...... I am requesting the sheriff to immediately remove the trespasser from the
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234234 residential dwelling.
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236236 13. ...... A copy of my valid government-issued identification is attached, or I am
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238238 an agent of the property owner, and documents evidencing my authority to act on the
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240240 property owners behalf are attached.
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242242 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND
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244244 EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE
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246246 STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER
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248248 PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 76-8-502.
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250250 ................................................................................
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252252 (Signature of Property Owner or Authorized Agent of Owner)
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254254 (3)(a) Upon receipt of the complaint, the sheriff shall verify that the individual
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256256 submitting the complaint is the record owner of the residential dwelling, or the
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258258 authorized agent of the owner, and appears entitled to the relief described in this
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260260 section.
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262262 (b) If verified, the sheriff shall, without delay, serve a notice to immediately vacate on
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264264 any trespasser and shall put the owner in possession of the residential dwelling.
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266266 (c) The sheriff may serve the trespasser by hand delivery of the notice or by posting the
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268268 notice on the front door or entrance of the residential dwelling.
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270270 (d) The sheriff shall attempt to verify the identity of any trespasser occupying the
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272272 residential dwelling and note the identities on the return of service.
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275275 (e) If appropriate, the sheriff may arrest any trespasser found in the residential dwelling
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277277 for trespass, outstanding warrants, or any other legal cause.
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279279 (4)(a) The sheriff is entitled to the same fee for service of the notice to immediately
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281281 vacate as if the sheriff were serving a writ of possession or restitution under Section
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283283 17-22-2.5.
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285285 (b) After the sheriff serves the notice to immediately vacate, the property owner or
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287287 authorized agent may request that the sheriff stand by to keep the peace while the
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289289 property owner or authorized agent of the property owner changes the locks and
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291291 removes the personal property of the trespasser from the residential dwelling to or
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293293 near the property line.
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295295 (c) When a property owner or an authorized agent makes a request under Subsection
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297297 (4)(b), the sheriff may charge a reasonable hourly rate, and the individual requesting
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299299 the sheriff to stand by and keep the peace is responsible for paying the reasonable
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301301 hourly rate set by the sheriff.
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303303 (d) The sheriff is not liable to the trespasser or any other party for loss, destruction, or
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305305 damage of property.
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307307 (e) The property owner and authorized agent are not liable to the trespasser or any other
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309309 party for the loss, destruction, or damage to the personal property unless the removal
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311311 was wrongful.
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313313 (5)(a) An individual may bring a civil cause of action for wrongful removal under this
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315315 section.
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317317 (b)(i) An individual harmed by a wrongful removal under this section may be
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319319 restored to possession of the residential dwelling and may recover actual costs and
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321321 damages incurred, statutory damages equal to triple the fair market rent of the
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323323 dwelling, court costs, and reasonable attorney fees.
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325325 (ii) The court shall expedite the trial and any hearing in an action described in this
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327327 Subsection (5).
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329329 (6) This section does not limit the rights of a property owner or limit the authority of a law
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331331 enforcement officer to arrest a trespasser for trespassing, vandalism, theft, or other
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333333 crimes.
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335335 Section 4. Effective date.
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337337 This bill takes effect on May 7, 2025.
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