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[Utah Code Table of Contents]
[TITLE 38. Table of Contents]
38-3-1 Lien for rent due.
Except as hereinafter provided, lessors shall have a lien
for rent due upon all nonexempt property of the lessee brought
or kept upon the leased premises so long as the lessee shall
occupy said premises and for thirty days thereafter.
1953
38-3-2 Priority of lessor's lien.
The lien provided for in this chapter shall be preferred
to all other liens or claims except claims for taxes and
liens of mechanics under Title 38, Chapter 1, perfected security
interests, and claims of employees for wages which are preferred
by law; provided, that when a lessee shall be adjudicated
a bankrupt, or shall make an assignment for the benefit of
creditors, or when his property shall be put into the possession
of a receiver, the lien herein provided for shall be limited
to the rent for ninety days prior thereto.
1977
38-3-3 Attachment in aid of lien.
Whenever any rent shall be due and unpaid under a lease,
or the lessee shall be about to remove his property from
the leased premises, the lessor may have the personal property
of the lessee which is upon the leased premises and subject
to such lien attached without other ground for such attachment.
1953
38-3-4 Attachment - Affidavit and bond.
The lessor shall before the issue of such writ of attachment
file a complaint, and an affidavit duly sworn to setting
forth the amount of rent due over and above all offsets and
counterclaims and a brief description of the leased premises,
and shall further state, under oath that such writ of attachment
is not sued out for the purpose of vexing or harassing the
lessee; and the person applying for such writ of attachment
shall execute and file a bond as in other cases of attachment.
1953
38-3-5 When attachment will issue - Determination of priorities.
Upon the filing of such complaint, affidavit and bond
it shall be the duty of the court wherein the same are filed
to issue a writ of attachment to the proper officer, commanding
him to seize the property of the defendant subject to such
lien, or so much thereof as will satisfy the demand, and
to make a determination of the priorities of the claims,
liens, and security interests in such property.
1977
38-3-6 Execution of writ of attachment.
It shall be the duty of the officer to whom the writ of
attachment is directed to seize the property of such lessee
subject to such lien, or as much thereof as shall be necessary
to satisfy such debt and costs, and to keep the same until
the determination of the action, unless the property is sooner
released by bond or the attachment is discharged.
1953
38-3-7 Release of attachment - Bond.
A bond for the release of the attached property may be
given, and motion to discharge the attachment may be made,
as provided in the Code of Civil Procedure in cases of attachment.
1953
38-3-8 When chapter not applicable.
This chapter shall not be applicable to a written lease
for a term of years in which, as part of the consideration
thereof, the lessee or assigns shall erect a building or
improvements upon the leased premises.
1953
