78B-6-811 - Judgment for restitution, damages, and rent -- Immediate enforcement -- Treble damages.
78B-6-811. Judgment for restitution, damages, and rent -- Immediate enforcement-- Treble damages.
(1) (a) A judgment may be entered upon the merits or upon default.
(b) A judgment entered in favor of the plaintiff shall include an order for the restitutionof the premises as provided in Section 78B-6-812.
(c) If the proceeding is for unlawful detainer after neglect or failure to perform anycondition or covenant of the lease or agreement under which the property is held, or after defaultin the payment of rent, the judgment shall also declare the forfeiture of the lease or agreement.
(d) (i) A forfeiture under Subsection (1)(c) does not release a defendant from anyobligation for payments on a lease for the remainder of the lease's term.
(ii) Subsection (1)(d)(i) does not change any obligation on either party to mitigatedamages.
(2) The jury or the court, if the proceeding is tried without a jury or upon the defendant'sdefault, shall also assess the damages resulting to the plaintiff from any of the following:
(a) forcible entry;
(b) forcible or unlawful detainer;
(c) waste of the premises during the defendant's tenancy, if waste is alleged in thecomplaint and proved at trial;
(d) the amounts due under the contract, if the alleged unlawful detainer is after default inthe payment of amounts due under the contract; and
(e) the abatement of the nuisance by eviction as provided in Sections 78B-6-1107through 78B-6-1114.
(3) The judgment shall be entered against the defendant for the rent, for three times theamount of the damages assessed under Subsections (2)(a) through (2)(e), and for reasonableattorney fees.
(4) (a) If the proceeding is for unlawful detainer, execution upon the judgment shall beissued immediately after the entry of the judgment.
(b) In all cases, the judgment may be issued and enforced immediately.
Renumbered and Amended by Chapter 3, 2008 General Session