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SALT LAKE CITY — Judges in Utah would lose the ability to decide whether to give tenants extra time to move out following an eviction order under a bill that cleared a House committee.
HB480, sponsored by Rep. David Shallenberger, R-Orem, unanimously passed out of the House Business, Labor, and Commerce Committee Wednesday in a 9-0 vote.
The bill would require judges to give tenants three days to vacate the premises in an eviction unless the landlord and tenant agree otherwise.
Currently, Utah law gives judges the freedom to determine whether "a longer or shorter period is appropriate after a finding of extenuating circumstances."
Shallenberger, who took office last month, told the House committee the bill is "trying to give judges just some consistency across the state."
Nicholas Lloyd, an attorney at Draper-based Titan Legal, formerly known as The Law Offices of Kirk Cullimore — which represents landlords and specializes in evictions — said the current exception has led to problems.
"One of the hallmarks of our legal system is consistent application of the law," Lloyd said. "Unfortunately, with how the law is worded right now, that just isn't happening."
Lloyd said in his experience, how much time a judge gives a tenant to leave a property varies by county, which has "created some problems in the system and created some inconsistency that this bill would solve."
Besides Lloyd, no one from the public spoke for or against the bill. HB480 also specifies that a deposit refund can be returned electronically, not just mailed.
The bill moves to the full House of Representatives for a vote. The legislative session ends March 7.
