57-16-15.1 - Eviction proceeding. - Utah Statutes

57-16-15.1. Eviction proceeding.
(1) Eviction proceedings commenced under this chapter and based on causes of actionset forth in Subsections 57-16-5(1)(a), (b), and (e), and eviction proceedings commenced underthis chapter based on causes of action set forth in Subsections 57-16-5(1)(c) and (d), in which alandlord elects to bring an action under this chapter and not under the unlawful detainerprovisions of Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer, shall comply with thefollowing:
(a) A judgment may be entered upon the merits or upon default. A judgment entered infavor of the plaintiff may:
(i) include an order of restitution of the premises; and
(ii) declare the forfeiture of the lease or agreement.
(b) The jury, or the court if the proceedings are tried without a jury or upon thedefendant's default, shall assess the damages resulting to the plaintiff from any of the following:
(i) waste of the premises during the resident's tenancy, if waste is alleged in thecomplaint and proved; and
(ii) the amount of rent due.
(c) If the lease or agreement provides for reasonable attorney fees, the court shall orderreasonable attorney fees to the prevailing party.
(d) Whether or not the lease or agreement provides for court costs and attorney fees, ifthe proceeding is contested, the court shall order court costs and attorney fees to the prevailingparty.
(e) Except as provided in Subsection (1)(f), after judgment has been entered under thissection, judgment and restitution may be enforced no sooner than 15 days from the date thejudgment is entered. The person who commences the action shall mail through registered orcertified mail a copy of the judgment to the resident or the resident's agent or attorney as requiredby the Utah Rules of Civil Procedure.
(f) If a resident tenders to the mobile home park postjudgment rent, in the form of cash,cashier's check, or certified funds, then restitution may be delayed for the period of time coveredby the postjudgment rent, which time period shall not exceed 15 days from the date of thejudgment unless a longer period is agreed to in writing by the mobile home park.
(2) Eviction proceedings commenced under this chapter and based on causes of actionset forth in Subsections 57-16-5(1)(c) and (d), in which the mobile home park has elected to treatas actions also brought under the unlawful detainer provisions of Title 78B, Chapter 6, Part 8,Forcible Entry and Detainer, shall be governed by Sections 78B-6-811 and 78B-6-812 withrespect to judgment for restitution, damages, rent, enforcement of the judgment and restitution.
(3) The provisions in Section 78B-6-812 shall apply to this section except theenforcement time limits in Subsections (1)(e) and (f) shall govern.

Amended by Chapter 3, 2008 General Session