Chief Sponsor: Jennifer Dailey-Provost

Senate Sponsor: ____________


8     General Description:
9          This bill amends provisions relating to damages awarded in a forcible entry or unlawful
10     detainer action.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a court to determine whether to award trebled damages in a forcible entry or
14     unlawful detainer action.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78B-6-811, as last amended by Laws of Utah 2020, Chapter 329

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78B-6-811 is amended to read:
25          78B-6-811. Judgment for restitution, damages, and rent -- Immediate
26     enforcement -- Remedies.
27          (1) (a) A court may:

28          (i) enter a judgment upon the merits or upon default; and
29          (ii) issue an order of restitution regardless of whether a judgment is entered.
30          (b) A judgment entered in favor of the plaintiff shall include an order for the restitution
31     of the premises as provided in Section 78B-6-812.
32          (c) If the proceeding is for unlawful detainer after neglect or failure to perform any
33     condition or covenant of the lease or agreement under which the property is held, or after
34     default in the payment of rent, the judgment shall also declare the forfeiture of the lease or
35     agreement.
36          (d) (i) A forfeiture under Subsection (1)(c) does not release a defendant from any
37     obligation for payments on a lease for the remainder of the lease's term.
38          (ii) Subsection (1)(d)(i) does not change any obligation on either party to mitigate
39     damages.
40          (2) The jury or the court, if the proceeding is tried without a jury or upon the
41     defendant's default, shall also assess the damages resulting to the plaintiff from any of the
42     following:
43          (a) forcible entry;
44          (b) forcible or unlawful detainer;
45          (c) waste of the premises during the defendant's tenancy, if waste is alleged in the
46     complaint and proved at trial;
47          (d) the amounts due under the contract, if the alleged unlawful detainer is after default
48     in the payment of amounts due under the contract; and
49          (e) the abatement of the nuisance by eviction as provided in Sections 78B-6-1107
50     through 78B-6-1114.
51          (3) The judgment shall be entered against the defendant for the rent[, for] and, at the
52     court's discretion, three times the amount of the damages assessed under Subsections (2)(a)
53     through (2)(e).
54          (4) (a) If the proceeding is for unlawful detainer, execution upon the judgment shall be
55     issued immediately after the entry of the judgment.
56          (b) In all cases, the judgment may be issued and enforced immediately.
57          (5) In an action under this chapter, the court:
58          (a) shall award costs and reasonable attorney fees to the prevailing party;

59          (b) may modify a judgment for additional amounts owed if a motion is submitted
60     within 180 days on the earlier of the day on which:
61          (i) the order of restitution is enforced; or
62          (ii) the defendant vacates the premises; and
63          (c) may grant a party additional time for a motion under Subsection (5)(b).
64          (6) (a) If the court issues an order of restitution, the defendant shall provide a current
65     address to the court and the plaintiff within 30 days of the day on which the court issues the
66     order of restitution.
67          (b) Failure of a defendant to provide an address under Subsection (6)(a) does not
68     require the plaintiff or the court to bear the burden of seeking out the defendant to provide
69     notice for any subsequent proceeding.