Utah Code § 78B-6-801 § 78B-6-806
Necessary defendant.
Operative Text
Necessary defendant. (1) (a) No person other than the tenant of the premises, a lease signer, and subtenant if there is one in the actual occupation of the premises when the action is commenced, may be made a party defendant in the proceeding, except as provided in Section 78B-6a-303. (b) A proceeding may not abate, nor the plaintiff be nonsuited, for the nonjoinder of any person who might have been made a party defendant. (c) If it appears that any of the parties served with process or appearing in the proceedings are guilty, judgment shall be rendered against those parties. (2) (a) If a person has become a subtenant of the premises in controversy after the service of any notice as provided in this part, the fact that the notice was not served on the subtenant is not a defense to the action. (b) All persons who enter under the tenant after the commencement of the action shall be bound by the judgment the same as if they had been made parties to the action. (3) A landlord, owner, or designated agent is a necessary party defendant only in an abatement by eviction action for an unlawful drug house under Section 78B-6a-303.
Utah Code Ann. § 78B-6-806 defines who must or may be named as a defendant in an eviction (unlawful detainer) proceeding. Generally, only the tenant, any lease signers, and any subtenant actually occupying the premises at the time the action begins can be made defendants. A case cannot be dismissed simply because someone who could have been named was left out, and anyone who moves into the property after the action starts is bound by whatever judgment results, even if they were never formally served or named.
Plain English — not legal advice.
Under § 78B-6-806, operators initiating an eviction proceeding generally name the tenant of record, all lease signers, and any subtenant in actual occupation at the time the action is filed. Compliant practice includes understanding that a subtenant who moved in after a notice was served cannot use lack of notice as a defense, and that the case will not fail solely because an additional potential defendant was omitted. Landlords involved in an unlawful drug house abatement under Section 78B-6a-303 should be aware that the statute treats them as a necessary party defendant in that specific type of action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 78B-6-806 establishes that only certain people—tenants, lease signers, and subtenants in actual occupation—can be named as defendants in a Utah eviction proceeding. Subtenants who entered the premises after a notice was served should be aware that their lack of notice is not a recognized defense under this provision, and anyone who moves in after the action commences is bound by the court's judgment. Tenants seeking to understand how these rules apply to their circumstances may benefit from consulting a tenant-rights organization or legal aid provider familiar with Utah eviction procedure.
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
References In
Rules and statutes that cite this regulation