UtahS.B. 552025 General SessionSenate

Unauthorized Use of Real Property Amendments

Sponsored By: Heidi Balderree (Republican)

Signed by Governor

BusinessReal EstateLandlord -- TenantDispute ResolutionCourtsLaw Enforcement and Criminal JusticeReal Property

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Owners gain faster removal of trespassers

Beginning May 7, 2025, Utah owners or authorized agents can request immediate law-enforcement removal of unlawful occupants. They must submit a verified complaint and proof of ownership or authority, after directing the person to leave. The person must have entered and stayed unlawfully, and the property cannot have been open to the public when entered. This route excludes current or former tenants with owner-authorized written rental agreements and the owner's immediate family. It also excludes cases with pending property-related litigation between the parties. After verifying ownership and entitlement to relief, officers must serve notice or direct departure and restore possession without delay. Officers must record identity verification and may arrest for trespass, outstanding warrants, or other offenses. After notice, owners can request officers stand by while locks are changed and belongings moved near the property line.

Wrongfully removed occupants gain damage claims

Beginning May 7, 2025, people harmed by wrongful removal under this procedure can seek an expedited trial to regain possession. They can recover actual costs and damages, court costs, and reasonable attorney fees. They can also recover statutory damages equal to three times the dwelling's fair-market rent. Law enforcement is not liable for property loss, destruction, or damage under this procedure. Owners and agents have similar protection for personal property, but only when the removal was not wrongful.

Unauthorized property deals become felony offenses

Beginning May 7, 2025, knowingly advertising a Utah home for sale without legal title or authority is a second-degree felony. Knowingly selling, leasing, or mortgaging real property without title or authority carries the same felony classification.

Trespassers face felony and money penalties

Beginning May 7, 2025, unlawful entry or remaining on Utah property causing at least $1,500 in damage or financial loss is a second-degree felony. This applies when the conduct is not burglary and excludes that conduct from the specified criminal-trespass rule. Trespass rules also cover an entire drone entering or remaining without permission over private property not open to the public. They cover unlawful entry or remaining with intent to annoy, injure, damage property, or commit a non-theft, non-felony crime. Recklessly causing fear for another's safety is also covered, and notice can come through direct communication, fencing, or signs. Intent-based violations are generally class B misdemeanors; reckless-fear violations are infractions. Class A enhancements include living in a dwelling, accompanying offenses listed in the law, and entering an opposite-sex-designated privacy space. Restitution is required, and owners or their assignees can separately pursue civil damages. Statutory damages can equal three times the damage or $500, whichever is greater, plus attorney fees capped at $250 and court costs.

Sponsors & Cosponsors

Sponsor

  • Heidi Balderree

    Republican • Senate

Cosponsors

  • Karianne Lisonbee

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 138 • No: 3

House vote • 2/19/2025

House/ passed 3rd reading

Yes: 63 • No: 2

House vote • 2/19/2025

House/ circled

Yes: 0 • No: 0

House vote • 2/19/2025

House/ uncircled

Yes: 0 • No: 0

House vote • 2/12/2025

House Comm - Favorable Recommendation

Yes: 10 • No: 1

Senate vote • 2/3/2025

Senate/ passed 3rd reading

Yes: 27 • No: 0

Senate vote • 2/3/2025

Senate/ substituted

Yes: 0 • No: 0

Senate vote • 2/3/2025

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 1/24/2025

Senate/ circled

Yes: 0 • No: 0

Senate vote • 1/23/2025

Senate/ passed 2nd reading

Yes: 26 • No: 0

Senate vote • 1/22/2025

Senate Comm - Favorable Recommendation

Yes: 6 • No: 0

Senate vote • 1/22/2025

Senate Comm - Substitute Recommendation

Yes: 6 • No: 0

Senate vote • Unknown

Senate/ uncircled

Yes: 0 • No: 0

House vote • Unknown

House/ circled

Yes: 0 • No: 0

House vote • Unknown

House/ uncircled

Yes: 0 • No: 0

Senate vote • Unknown

Senate/ circled

Yes: 0 • No: 0

Senate vote • Unknown

Senate/ substituted

Yes: 0 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2025
  2. Senate/ to Governor

    3/12/2025Senate
  3. Senate/ received enrolled bill from Printing

    3/12/2025Senate
  4. Senate/ enrolled bill to Printing

    3/6/2025Senate
  5. Enrolled Bill Returned to House or Senate

    3/6/2025
  6. Draft of Enrolled Bill Prepared

    2/21/2025
  7. Bill Received from Senate for Enrolling

    2/21/2025
  8. Senate/ signed by President/ sent for enrolling

    2/19/2025Senate
  9. Senate/ received from House

    2/19/2025Senate
  10. House/ to Senate

    2/19/2025House
  11. House/ signed by Speaker/ returned to Senate

    2/19/2025House
  12. House/ passed 3rd reading

    2/19/2025House
  13. House/ uncircled

    2/19/2025House
  14. House/ circled

    2/19/2025House
  15. House/ 3rd reading

    2/19/2025House
  16. House/ 2nd reading

    2/13/2025House
  17. House/ committee report favorable

    2/13/2025House
  18. House Comm - Favorable Recommendation

    2/12/2025House
  19. House/ to standing committee

    2/7/2025House
  20. House/ 1st reading (Introduced)

    2/4/2025House
  21. House/ received from Senate

    2/3/2025House
  22. Senate/ to House

    2/3/2025Senate
  23. Senate/ passed 3rd reading

    2/3/2025Senate
  24. Senate/ substituted

    2/3/2025Senate
  25. Senate/ uncircled

    2/3/2025Senate

Bill Text

  • Enrolled

    3/6/2025

  • Substitute #2

    2/3/2025

  • Substitute #1

    1/22/2025

  • Introduced

    1/2/2025

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