78B-6-1111 - Landlord, owner, or designated agent -- Necessary party -- Automatic eviction.
78B-6-1111. Landlord, owner, or designated agent -- Necessary party -- Automaticeviction.
(1) A landlord, owner, or designated agent is a necessary party defendant in a nuisanceaction under Sections 78B-6-1107 through 78B-6-1114 for entry of an order to abate the nuisanceby eviction where the acts complained of are those of third parties upon the premises of thelandlord, owner, or designated agent.
(2) In the presence of the applicant, the tenant and the landlord, owner, or designatedagent at the court's hearing on the action to abate the nuisance by eviction, the court shall notifythe necessary parties of its finding that:
(a) a nuisance exists as defined in Section 78B-6-1107; and
(b) as a result, the court is issuing an order to evict the tenant subject to compliance withthe security requirement in Section 78B-6-1112.
(3) In all cases, including default judgments, the order of abatement by eviction may beissued and enforced immediately.
Renumbered and Amended by Chapter 3, 2008 General Session