Steinberg v. Community Housing Services-Capital Villa, Ltd.
326 P.3d 673
Utah Ct. App.2014Background
- Tenant moved into a rental in July 2008; Landlord owned the unit.
- On March 25, 2011, Tenant signed a notice of intent to vacate, aiming to move out no later than April 1, 2011.
- Tenant moved his furniture out prior to April 1; Landlord began renovating on April 4, 2011, relying on the notice.
- In late April 2011, Tenant alleged eviction and claimed Landlord violated quiet enjoyment and that Landlord converted cash and jewelry left in the unit.
- Trial court granted Landlord’s Rule 41(b) involuntary dismissal, finding Tenant’s testimony not credible and dismissing with prejudice.
- On appeal, the Utah Court of Appeals affirms, holding the record supported the trial court’s dismissal and remands for attorney-fee on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tenant remained in possession after April 1, 2011 | Tenant contends he remained entitled to possession through April 2011. | Landlord reasonably relied on the signed Notice to vacate and the removal of Tenant’s belongings by March 28, 2011. | Tenant terminated tenancy; no possession after April 1, 2011 |
| Whether the eviction claim under quiet use and enjoyment is viable | Landlord entry on April 4, 2011 was an unlawful eviction. | Once tenancy terminated, entry is not an unlawful eviction; quiet-use claim fails absent tenancy. | No violation; failure to establish ongoing tenancy defeats claim |
| Whether the conversion claim was credibly supported | Tenant left cash and jewelry in the apartment; Landlord wrongfully controlled them. | Evidence did not show these items were in Landlord’s possession; credibility issues disturb claim. | Conversion claim not credible; no evidence Landlord controlled property |
| Whether Rule 41(b) involuntary dismissal was proper and standard of review | Trial court misapprehended evidence and credibility supporting Tenant’s claims. | Court may dismiss when prima facie case is not shown; credibility determinations are for the trial court. | affirmed; findings supported by evidence; standard deferential to trial judge |
| Whether attorney fees on appeal should be awarded | N/A (not raised as independent issue beyond affirming dismissal). | Prevailing party on appeal entitled to appellate fees; fee remanded for calculation | Remand for appellate attorney fees; fees awarded to Landlord |
Key Cases Cited
- Cook Assocs., Inc. v. Utah Sch. & Inst. Trust Lands Admin., 243 P.3d 888 (Utah App. 2010) (quiet enjoyment and eviction context; superior title)
- Frisco Joes, Inc. v. Peay, 558 P.2d 1327 (Utah 1977) (forcible entry predicate—peaceful possession required)
- Wangsgard v. Fitzpatrick, 542 P.2d 194 (Utah 1975) (possession prerequisite for forcible entry/eviction)
- Coleman v. Thomas, 4 P.3d 783 (Utah 2000) (notice to vacate triggers termination of tenancy)
- Richards v. Cook, 314 P.3d 1040 (Utah App. 2018) (defers to trial court credibility findings)
- Lemon v. Coates, 735 P.2d 58 (Utah 1987) (standard for reviewing 41(b) dismissals)
- Hale v. Big H Constr., Inc., 288 P.3d 1046 (Utah App. 2012) (clear error standard; credibility determinations)
- Petty v. Gindy Mfg. Corp., 404 P.2d 30 (Utah 1965) (review of trial court findings under 41(b))
- 438 Main St. v. Easy Heat, Inc., 99 P.3d 801 (Utah 2004) (preservation of issues for appeal; trial court ruling)