Saturday, January 26, 2008

Handling a Renter's Abandonment in Utah

Landlords and property managers often deal with tenants that abandon an apartment or leased house in the middle of a lease period. This scenario is called, appropriately, an abandonment, and it is addressed by Utah law.

If you have a renter that has abandoned the leased premises, then Utah law provides that you can do the following. First, in the event of an abandonment, the landlord or property manager may retake the premises. The landlord or property manager should then attempt to rent the premises at a fair rental value. Fair rental value is generally what the market would accept as a fair price. The renter that abandoned the premises will then be liable for one of the following:

1) For the entire rent due for the remainder of the term if the landlord is unable to re-rent the premises; or

2) In the event the premises are re-rented, the rent accrued during the period before the premises are re-rented, plus the difference between the fair rental value and the previous tenant’s rate of rent, plus a reasonable commission for the renting of the premises, and the costs necessary to restore the rental unit to its original condition when rented less normal wear and tear.

It is important to exercise discretion when dealing with an abandonment. Prior to entering the leased premises and retaking the property, the landlord needs to make sure that the tenant or renter has indeed left the premises for good. If the tenant has not abandoned the leased premises, then the landlord runs the risk of incurring liability for a forcible detainer (the Utah law barring self-help remedies).

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