Utah Code § 38-3 § 38-3-3

Attachment in aid of lien.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026UtahRent Collection

Operative Text

Utah Code § 38-3 § 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 the lessee's 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.
Source: Legislative text reproduced verbatim
Plain English

Utah Code Ann. § 38-3-3 establishes a legal mechanism that allows a landlord to seek attachment of a tenant's personal property located on the leased premises under two specific circumstances: when rent is due and unpaid, or when the tenant appears to be in the process of removing their belongings from the property. Attachment is a court-supervised legal process that can place a hold on property to secure a potential debt. This provision operates in connection with a landlord's existing lien rights over the tenant's personal property on the premises.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Utah Code Ann. § 38-3-3, a landlord who holds a lien on a tenant's personal property located on the leased premises may pursue attachment as a legal remedy when rent goes unpaid or when a tenant appears to be removing property from the premises. Operators who rely on this remedy typically work through the court system to initiate the attachment process, as it is a formal legal proceeding rather than a self-help measure. Maintaining clear lease documentation and records of unpaid rent is generally part of how compliant operators support such a proceeding.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Utah Code Ann. § 38-3-3 gives landlords a legal avenue to seek court-ordered attachment of personal property a tenant keeps on leased premises when rent is unpaid or when the tenant appears to be removing belongings. Tenants should be aware that this is a formal court process, meaning there are procedural steps and potential opportunities to respond or contest the action before property is seized. Consulting a tenant-rights organization or legal aid service familiar with Utah landlord-tenant law can help a tenant understand what options may be available when facing an attachment proceeding under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Utah Code § 38-3
Utah Code § 38-3
Utah Code § 38-3-2

Related Rules

§ 229
Liability of tenant holding over after giving notice of intention to quit
§ 220
Action for use and occupation
§ 221
Rent due on life leases recoverable

Source Information

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Fetched:Oct 16, 2026, 09:55 AM UTC