Woodhaven Apartments v. Washington

RUSSON, Justice:

Woodhaven Apartments brought this action against Bertha Washington for actual and liquidated damages pursuant to their lease agreement after Washington vacated the apartment prior to the expiration of the lease. Washington appealed the trial court’s decision enforcing the liquidated damages provision. The court of appeals affirmed, and we granted certiorari to review the decision of the court of appeals. Woodhaven Apartments v. Washington, 907 P.2d 271 (Ct.App.1995), cer t. granted, 920 P.2d 1194 (Utah 1996). We reverse.

BACKGROUND

Woodhaven Apartments and Bertha Washington…