78B-6-1111. Landlord, owner, or
designated agent -- Necessary party -- Automatic eviction.
(1) A landlord, owner, or designated agent is a necessary
party defendant in a nuisance action under Sections 78B-6-1107 through 78B-6-1114 for
entry of an order to abate the nuisance by eviction where the acts complained
of are those of third parties upon the premises of the landlord, owner, or
designated agent.
(2) In the presence of the applicant, the tenant and the
landlord, owner, or designated agent at the court's hearing on the action to
abate the nuisance by eviction, the court shall notify the 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 with the security requirement in Section 78B-6-1112.
(3) In all cases, including default judgments, the order of
abatement by eviction may be issued and enforced immediately.
Renumbered and Amended by Chapter 3, 2008 General Session