Trespassing
This question will be raised by a landlord who has gone through the legal process to have a tenant evicted. The civil process has been completed and the tenant has been removed from the premises and locked out by order of the court. This has been facilitated by a deputy sheriff from the Civil Process Unit of the Civil Division or a constable. Once the tenant has been removed, if they reenter the premises without permission of the landlord they are committing criminal trespass. Action to enforce the trespassing laws should be taken.
Utah Code Annotated
A person is guilty of criminal trespass if he enters or remains unlawfully on property, defined as a dwelling, and intends to cause annoyance or injury to any person or damage to any property. A violation is a class B misdemeanor. 76-60206 (2)(a)(3)(a).
A person is guilty of criminal trespass if knowingly his entry or presence is unlawful, he enters or remains on property as to which notice against entering is given by personal communication to the actor by the owner or someone with apparent authority to act for the owner; or notice is given by posting of signs reasonably likely to come to the attention of intruders. A violation is an infraction. 76-6-206 (2)(b)(3)(b).
Sheriff's Office Procedure
The Salt Lake County Sheriff's Office will place a notice on the premises if they have executed the court order that clearly notifies the tenant of the intent to remove them from the premises if they do not vacate by the allotted time issued by the court. If the Sheriff's Office assists in the removal of the tenants, we will also post a notice on the premises clearly advising the tenant they cannot re-enter without the permission of the landlord. If they do re-enter without permission, they will be subject to criminal trespassing charges.
The landlord should call the local police jurisdiction to report any such trespassing violation by an evicted tenant.
The Civil Division of the Salt Lake County Sheriff's Office can be contacted to verify if an eviction has been executed within Salt Lake County by the Civil Process Deputies. The Sheriff's Office does not have records of any constables' office who may have executed any lock outs.
Civil Division: Phone #: (801) 743-5779