I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More 
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answered on Mar 31, 2024
As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:
1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that... View More
Housing authority I got the staking Injunction before they were going to kick me out. Instead they were going to keep her there. But kick me out. How can I use this in court today.
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answered on Mar 31, 2024
I'm sorry to hear about the attack and the difficult situation you're facing with housing. Here are a few points that may be helpful as you prepare for court today regarding the stalking injunction:
1. Emphasize your safety concerns: Highlight that you were the victim of an attack... View More
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answered on Mar 30, 2024
After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More
My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More
answered on Feb 26, 2024
Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More
They say they didn’t require it but they bribe with lower rent if you sign early.
answered on Jan 5, 2024
Certainly, it's within legal bounds for your apartment management to offer a lease renewal before your current lease concludes, provided they've been transparent about the process. This is often done to ensure tenancy continuity. If they've proposed an incentive for early renewal,... View More
A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.
answered on Jan 5, 2024
In general terms an addendum in a contract is a document that is added to an existing contract to modify, clarify, or add to its terms and conditions. It's generally a legally binding amendment used to make changes to the original contract after it has been signed and must be agreed upon by... View More
A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.
answered on Jan 5, 2024
It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More
Can I ask the judge to speed up case so I could server defendants to be served
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answered on Jan 2, 2024
If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.
Remember, while the legal... View More
I created an LLC to accept payments from and to pay Property Management company on a property that is under my name not my LLC. I am just looking for general advice as to what the best practices are? Should I change the title/deed to the LLC or is it possible to rent my property using a Property... View More
answered on Oct 13, 2023
You can hold the property in your own name or in the name of the LLC. When renting out property, it is often a good idea to place the property in your LLC and then do business with the tenants as an LLC. This includes having all payments go directly to an LLC account created with its own tax ID... View More
It is not identified in my lease
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answered on Oct 12, 2023
In Utah, there is no law that specifically requires landlords to return rent to tenants who are evicted for non-criminal offenses. However, the terms of the lease may require the landlord to return rent. If the lease does not address the issue of returning rent after an eviction, the landlord is... View More
Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.
answered on Sep 15, 2023
Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.
Unless the lease says otherwise, you can negotiate what you think... View More
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answered on Aug 24, 2023
In Utah, landlords generally have the right to establish rules and regulations for their rental properties, which may include restrictions on signage. However, restrictions on political signage can sometimes be considered a violation of tenants' First Amendment rights. The specific rules can... View More
I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... View More
answered on May 31, 2023
The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... View More
I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so... View More
answered on Mar 27, 2023
In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean... View More
We have rented this property for almost 4 years. We got a new PMC last year due to the sale of the property. We have always had renters insurance thru our insurance company. New PMC has us pay an extra $43 per month for insurance, ac filters, and online payment capabilities. Even though I have... View More
answered on Mar 6, 2023
The answer to your question can be found in your rental agreement. Did you agree previously in the agreement to use whichever insurance the landlord chooses, or does the agreement only state that you are responsible to pay for insurance?
If the answer is the latter, then you can send them... View More
I have taken care of my mom for 12 years, he has came to see her twice. I got a notice to be out in 5 days? Only signed by him. Is that legally binding? My mother is still alive
answered on Feb 17, 2023
The legal owner of a property has the power to evict anyone living there. If you have a rental agreement, the owner will be required to follow the terms of the agreement. If you don't have an agreement, and you haven't been paying rent, you will often qualify as a guest. Guests get a... View More
Our apartment gave us access to our garage, but we noticed this month that they aren't charging us for it. I looked through our lease and they never added on the additional fee for renting a garage. We aren't planning to mention it to them since this isn't the first time they have... View More
answered on Dec 7, 2022
Your relationship with your landlord is partially controlled by state law, but the relationship is mostly controlled by the agreement you signed with them. Usually agreements are prepared in haste and are often missing things that leave issues that are important to you in limbo.
In this... View More
I am a condominium owner and resident at Capitol Heights Condominiums, 480 N. Wall St, A101, 84103.
At a recent owners’ meeting it was revealed that the entire board of the HOA were investors, and that only six of our 18 units were owner-occupied. At our last meeting, the board raised... View More
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answered on Apr 16, 2024
I understand your concern about the high HOA fees and the potential unfairness of the situation for owner-occupiers compared to investor-owners. However, I don't believe this would legally be considered discrimination based on income. Here's my analysis:
1. HOA fees are set by the... View More
Landlord won't respond and has ordered to vacate in a week. Causing duress and worry as this would put me homeless with 2 dogs. Wants to sell but have a lease till 2025. What recourse do I have? I know she must honor the lease but it's a form of harassment as she keeps calling and... View More
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answered on Apr 16, 2024
In Utah, if you have a valid lease that doesn't expire until May 2025, your landlord generally cannot force you to vacate the property before the lease ends, even if they want to sell the property. The lease is a legally binding contract, and the landlord must honor it.
However, there... View More
"Resident and all occupants shall not utilize any website
or social media to negatively discuss its tenancy, Owner, or this agreement. A breach of this provision shall entitle
Owner to recover from Resident such sums as may be deemed actual damages from the breach and an agreed... View More
answered on Aug 29, 2023
Your landlord can ask for this. You don’t have to agree to it
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