Utah Eviction Blog

Free Utah Eviction Forms and Legal Information

Posts Tagged ‘Attorney Fees Through Statute or Contract’

When Can a Landlord Claim Attorney Fees in Utah?

Posted by Jeremy Shorts on December 5, 2009

In a dispute with a tenant (or anyone for that matter), being able to claim attorney fees can provide valuable leverage during negotiations.  However, it is only possible to claim attorney fees in limited situations, and it is important to understand when this is possible.

When Can You Claim Attorney Fees?

The Utah Supreme Court has repeatedly stated that “Generally, attorney fees in Utah are awarded only as a matter of right under a contract or statute.”  Foote v. Clark, 962 P.2d 52, 54 (Utah 1998) (internal citations omitted).  Without a contract or statute allowing attorney fees, neither party can claim them.  Also, where a contract awards attorney fees, Read the rest of this entry »

Advertisements

Posted in Eviction Issues, General Legal Info | Tagged: , , | Leave a Comment »