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Accepting Rent After Eviction

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  • 07-13-2008, 12:42 PM
    Peter Mac
    Accepting Rent After Eviction
    My question involves an eviction in the state of: Utah

    I served a tenant a three day notice to pay or vacate in April.
    An order of restitution (authorizing eviction) was signed in May. Technically, I have a court order giving me permission to evict him within the next three days at any time by force.

    However, I did accept two payments of $1200 each in the middle of May.
    Utah law allows for treble damages for unpaid rent, but I'm not sure how to apply the payments I accepted. Do I claim treble damages and then deduct his payments from my total?

    Does anyone have any experience with the law if you accept a payment after the eviction order of restitution has been issued?

    BTW, I checked with a couple of attorneys who said they've never heard of this scenario and are not sure how a judge would rule. It is rare to receive rent money after an eviction order is signed.

    The Order of Restitution gives me authority to command a Sheriff to evict my tenant at any time. The tenant has no rights at this point to claim he made a payment or to try to stop the eviction. Therefore, my question is solely about damages and how I apply those payments to my damages.
  • 07-13-2008, 01:05 PM
    jk
    Re: Accepting Rent After Eviction
    you have the court order allowing you to remove the tenant, right? If so, then the tenant would have to argue that that order is not longer in effect due to you accepting the money. The problem is, you are due the money anyway so this does not affect the eviction.

    One caveat; this is past due money, correct? Did they pay the entire amount due?

    did the order consider the treble damages when they ordered the amount of money owed to you? If not, I would suggest you are not able to collect the damages until such time a court orders them. A quick read of the statutes does not appear to allow self help in applying the treble damages section.
  • 07-17-2008, 02:28 AM
    Peter Mac
    Re: Accepting Rent After Eviction
    Utah law allows treble damages from the date the 3 day notice to pay or vacate is served. In my case I also have daily late fees assessed. My argument is his payments only offset daily late fees and not rent. In Utah, a judge has authority to exercise discretion and think they could make any ruling they feel like in my case so I'll just not be surprised by anything.

    To answer your questions.

    They only made a partial payment. The order only lists regular damages. I don't have a judgment yet to get treble.

    If they don't pay within the 3 day period damages can be trebled and he clearly paid outside the three day period. That is what I will argue in court. I will argue that as I received a payment outside of the 3 day period, treble damages were already in effect. We'll see how a judge feels.
  • 07-17-2008, 11:20 AM
    jk
    Re: Accepting Rent After Eviction
    I read the law and it states the judge can award treble damages. It did not state the LL has the right to demand it without the courts order and it did not state the LL has the right to apply it to the amount owed. It is a court award and until the court awards it, you are due nothing of the sort.

    I would suggest you cannot consider the treble damages in any calculation until the courts award them. The treble damages are the result of your action in court and the judges response; they are not automatically added onto the balance due that you can claim they have not paid the rent becuase the treble damages you may very well be allowed, caused the amount to be less than the treble damages were.

    If they have an order stating they have to pay $X, then that is what they have to pay and you applying other amounts to the judges order is not going to be taken in a good light in court.
    Quote:


    The order only lists regular damages.
    No, the order lists the total amount you are owed. If they paid what was ordered in a pay or quit order, you are working on an illegal eviction. They have met their obligation and that will be supported by the courts.
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