Housing Auth. of Salt Lake City v. Lopez Delgado

950300-CA (Utah Ct. App. Apr. 4, 1996) ; Clearinghouse Number: 51107

Description

Tenant Who Substantially Complies with Lease Obligations May Not Be Evicted

Abstract

The Utah Court of Appeals has affirmed the lower court's judgment for defendant public housing tenant in this unlawful detainer action. Plaintiff public housing authority (PHA) sought to evict tenant after she failed to pay one month's rent on time. Tenant purchased a money order in the amount of her rent and deposited it in PHA's drop box on the fourth of the month. PHA never received the money order and served tenant with a three-day notice to quit on the tenth. After tenant notified PHA that she had deposited the money order in its drop box, PHA instructed her either to initiate a trace or to stop payment on it. PHA also informed tenant that it would delay further legal action until she could complete the trace. Tenant did not initiate the trace for two weeks, and PHA filed this unlawful detainer action. The trace eventually revealed that the money order had not been negotiated. However, PHA refused tenant's attempt to tender her next month's rent. The trial court found that tenant had acted in good faith and dismissed PHA's action. PHA appealed. The appellate court held that the doctrine of substantial compliance could defeat a landlord's attempt to forfeit a lease because of a minor breach. Equitable principles may be applied in appropriate situations even involving nonpayment of rent. Finding that tenant had substantially complied with the lease, the court held that PHA was not entitled to forfeiture. The court rejected PHA's argument that tenant had breached the lease because the money order was 96 cents short and tenant did not promptly initiate a trace.

Additional Information

Attorney Information
Docket Date
1970-01-01 06:00:00+00:00

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