Her name is Elizabeth and she works at a local area restaurant and rents a small, two-bedroom apartment. Her two children share the other bedroom. She has a dependable car, but it is 10 years old. She makes her way each month, but with little money left over.
After scrimping on all expenses she was $250 short on her rent of $1,200 per month. She mailed what she had. In fact it was everything she had. She has no idea that the next sequence of events, a practice played out every day in Utah, is going to negatively impact her and her children for months or possibly years to come.
Elizabeth is unaware of certain clauses in her lease that trigger additional fees upon default. There is a “concession fee” of $1,200 and a “service of notice” fee of $20. These are in addition to $75 late fees. Thus, the shortage of $250 on her rent will increase by $1,295 immediately. And 24% per annum interest on these amounts will be compounded daily.
She receives a notice to vacate in three days. She has nowhere to go. The landlord is on a financial roll now. The notice to vacate triggers treble damages if she is unable to move her family in three days. If it takes her 30 days to find a new place to live, she is now liable for $3,850. In no other legal context does the concept of triple damages exist. When we experienced foreclosures in the last economic downturn it would have been ridiculous to have damages three times higher than the house was worth.
Additional charges are still coming. She will be charged for locks to be changed. She will be charged hundreds of dollars in attorney fees for the landlord to file eviction papers with the court. In all it is realistic to assume she will ultimately be under a $5,000 burden for a $250 shortfall.
The eviction judgement arrives and she asks her children to wait out of sight of the man at the door insisting on a signature for the document delivery. This train is rushing down the tracks and she has very little control over sheltering her family.
Let’s take this a step further. When she is evicted, does the family of three become homeless? If she wishes to move to a one-bedroom apartment to save costs, will she be denied because she must submit on the application she has been evicted from another property due to lack of payment? It is likely. She has nowhere to go.
I would like to ask our Utah Legislature to consider renters a priority. Let’s suspend evictions during this crisis. Several cities across the country have done this. Additionally, consider the negative impact of treble charges. The playing field for renters is often tilted. In today’s crisis we are just kicking someone when they are down and likely kicking them to our Utah streets. No one dealing with the COVID-19 crisis should have the odds stacked against them in regards to shelter.