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Senate advances expedited eviction process for criminal activity on premises; senators debate domestic-violence impact

Utah Senate · February 12, 2007
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Summary

The Senate adopted a first substitute to SB 136 to create an accelerated unlawful-detainer process with hearings within 10 days for certain criminal activity on rental premises; senators asked how the change would affect victims of domestic violence and were told the eviction applies to the unit and lease signers, though landlords are expected to work with nonoffending tenants.

Senate Bill 136, carried in substitute form, would create an accelerated unlawful-detainer procedure for cases where a tenant commits criminal activity on the premises. Sponsor Senator Wadobs explained the substitute sets a 10-day hearing target to allow courts to consider terminating tenancy where ongoing criminal conduct is alleged, while retaining full due-process protections.

Senators asked whether the accelerated process would unintentionally harm victims of domestic violence who share leases with perpetrators. Senator Jones pressed the sponsor to confirm protections and possible pathways for nonoffending tenants; the sponsor responded that the eviction action is against the unit and the lease signers but noted landlords often take steps to assist nonoffending tenants where practical.

The substitute also includes a rural-court provision to give local judges additional time where a judge is not on the bench daily. During floor action the Senate adopted the substitute and, on roll-call, advanced it to third reading with a recorded 26 yes, 2 no, 1 absent.

Representative floor quote: "Currently, it takes an average of 45 days to evict a tenant who violates this the lease. When this violation is of a criminal nature, many states have an accelerated process which mitigates the ongoing damage to neighbors," Sponsor Senator Wadobs said in presenting the policy rationale.

Next steps: the bill will appear on the third-reading calendar for final consideration; sponsors and senators signaled attention to how landlords and courts apply the statute in domestic-violence cases and to rural-court procedural discretion.