Name Address City, State ZIP Telephone Plaintiff IN THE THIRD JUDICIAL DISTRICT COURT, STATE OF UTAH COUNTY OF TOOELE, TOOELE DEPARTMENT, vs. Plaintiff,, Case No.: Judge: Defendant(s). COMES NOW Plaintiff and alleges as follows: PARTIES 1. Plaintiff, is the owner, as defined in Utah Code Ann. 78B-6-801, of real property located at. 2. Defendant(s) reside at said property under a lease agreement. JURISDICTION AND VENUE 1 P a g e
3. This court has subject matter jurisdiction over this matter as per Utah Code Ann. 78A-5-102, and personal jurisdiction by reason of conduct of the Defendant(s) which took place in the State of Utah. 4. This Court has jurisdiction to grant Declaratory relief under Utah Code Ann. 78B-6-401. 5. Venue is proper in this Court as per Utah Code Ann. 78B-3-304 as an action on a contract which was to be performed within the county, an action in the county where the contract was signed, or an action in the county where Defendants reside, alternatively, venue is proper as per Utah Code Ann. 78B-3-307 as the county in which the cause of action arose, or as the county where a Defendant resided as of commencement of this action. FACTUAL ALLEGATIONS 6. Plaintiff and Defendant(s) entered into a written agreement for the rental of property at the above address, which is attached. See Lease as Ex. 1. 7. Defendant(s) owe Plaintiff rent and late fees in the amount of $. 8. Plaintiff served a Three Day Notice to Pay Rent or Vacate upon Defendant(s) at the location of the real property in the rental agreement on / /20. 9. Plaintiff incorporates that notice and the statements contained in the notice as part of this complaint. See Notice as Ex. 2. 10. Defendant(s) did not comply with the notice and are in unlawful detainer of the property. 11. Per the rental agreement, the Defendant(s) may be liable for court costs and attorneys fees incurred due to default. See Lease as Ex. 1. 2 P a g e
12. Defendant(s) are also liable for all waste and damages resulting to the property during the tenancy. 13. Plaintiff is entitled to an Order of Restitution for the premises and for a judgment of damages in accordance with the notice served and that are proven in court. 14. Said judgment shall be augmented after the property has been vacated, for damages to the property in an amount to be determined which shall be established by affidavit. CAUSES FOR RELIEF First Cause of Relief: Breach of Contract: 15. Plaintiff herewith incorporates all above allegations. 16. Plaintiff and Defendant(s) entered into a written contract for the lease of property. 17. Defendant(s) breached said contract through failure to pay rent as per the lease and/or waste at the rental property. 18. Plaintiff has been damaged in those amounts to be proven at trial. 19. Plaintiff has incurred legal expenses in bringing this action. Second Cause of Relief: Unlawful Detainer: 20. Plaintiff herewith incorporates all above allegations. 21. Plaintiff and Defendant(s) entered into a contract for the lease of property. 22. Defendant(s) breached said lease through failure to pay rent as per the lease and/or waste at the rental property. 23. Plaintiff served a Three Day Notice to Pay Rent or Vacate upon the Defendants. 3 P a g e
24. Defendant(s) are in Unlawful Detainer of the property during the period beginning with the expiration of the notice and remain in Unlawful Detainer of the property until the Defendant(s) vacate the rental property. 25. Defendant(s) are liable for treble damages having been in unlawful detainer of the property. 26. Plaintiff has been damaged in those amounts, to be proven at trial. PRAYER FOR RELIEF WHEREFORE Plaintiff prays that this Court: 1. Order Defendant(s) to vacate the rental property. 2. Issue an Order of Restitution ordering the sheriff or constable to evict Defendant(s). 3. Grant Plaintiff a judgment in accordance with the notice served upon Defendant(s), and as proven in court. 4. Order treble damages as applicable. 5. Order that the Defendant(s) pay reasonable attorneys fees and court costs as per the lease agreement. 6. Said Judgment shall be augmented after the property has been vacated, for damages to the property in an amount to be determined which shall be established by affidavit. 7. An order that Defendant(s) pay Plaintiff s attorney or collection agency a reasonable percentage of the principle in collection fees. 8. For other relief that is just and proper under the circumstances, including property damage as proven in court. 4 P a g e
Dated / /20. Plaintiff 5 P a g e
EXHIBIT 1 LEASE
EXHIBIT 2 NOTICE