78B-6-816.   Abandoned premises -- Retaking and rerenting by owner -- Liability of tenant -- Personal property of tenant left on premises.  

(1) In the event of abandonment, the owner may retake the premises and attempt to rent them at a fair rental value and the tenant who abandoned the premises shall be liable:
     (a) for the entire rent due for the remainder of the term; or
     (b) for rent accrued during the period necessary to rerent the premises at a fair rental value, plus the difference between the fair rental value and the rent agreed to in the prior rental agreement, plus a reasonable commission for the renting of the premises and the costs, if any, necessary to restore the rental unit to its condition when rented by the tenant less normal wear and tear. This Subsection (1) applies, if less than Subsection (1)(a), notwithstanding that the owner did not rerent the premises.

(2) (a) If the tenant has abandoned the premises and has left personal property on the premises, the owner is entitled to remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs from the tenant.
     (b) (i) The owner shall make reasonable efforts to notify the tenant of the location of the personal property.
            (ii) If the property has been in storage for over 30 days and the tenant has made no reasonable effort to recover it, the owner may:
                        (A) sell the property and apply the proceeds toward any amount the tenant owes; or
                        (B) donate the property to charity if the donation is a commercially reasonable alternative.
     (c) Any money left over from the sale of the property shall be handled as specified in Title 67, Chapter 4a, Part 2, Standards for Determining When Property is Abandoned or Unclaimed.
     (d) Nothing contained in this act shall be in derogation of or alter the owner's rights under Title 38, Chapter 3, Lessors' Liens.

Renumbered and Amended by Chapter 3, 2008 General Session