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Questions Answered by Kenneth Prigmore
1 Answer | Asked in Landlord - Tenant for Utah on
Q: I live in a basement dwelling that the landlord doesn't have a permit to rent.

Our land lord doesn't have a permit to lease. There is a lock between the dwelling and the rest of the house. we have put in service request have have not been completed. When put in request we have been accused of smoking pot in the house. we have asked for 24 hour notices to be given upon... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 23, 2020

Most of your ability to sue is based on the lease. If a landlord refuses to give you what they promised in the lease, it is unlikely you will get a court to force them to improve things. If an apartment is unlicensed, or has serious basic problems like leaking roof, no water, etc, the state may... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: The following text is in our lease in the Holdovers clause:

Section 50. HOLDOVER: Holdover shall be in accordance with the provisions of Section 2. LEASE DATE AND TERM. All provisions of this Lease that are not inconsistent with a tenancy based on the terms in Section 2. LEASE DATE AND TERM shall remain in full force and effect. During the tenancy, Tenant... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 17, 2020

Your willingness to type the entire clause in your question for review is admirable. Unfortunately, no contract is limited to just one clause. Frequently, poorly written contracts can even have competing clauses. When you ask "or just in the event of a Holdover" it is impossible to say... Read more »

2 Answers | Asked in Estate Planning for Utah on
Q: Can anything be done when in the process of a trust and the grantor dies before signing?

We were in the process of setting up a trust for my sick mother when she suddenly became so sick (the day of hoping to sign in fact). Hindered by getting a notary public because of Covid, is there anything we can do?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 16, 2020

So sorry for your loss. This sounds like your mother had good intentions but was simply unable to carry them out.

If she owned real estate that was not held in a trust, a probate will normally be necessary to transfer the property out of her name. This will depend on how she owned the...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: If I am renting a home in Utah and paid a plumber to unclog a drain is the bill my responsibility or the landlords?

I addressed the problem to the land lord prior to making the work order to a plumber service and was told it was my responsibility. But upon reviewing the lease terms again it states that I am responsible to reimburse the land lord for the cost of any repairs caused by misuse or neglect. Is using... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

It is difficult to give you a definitive answer without reviewing your lease. Under Utah law, many parts of the Landlord-Tenant relationship can be controlled by the lease. If the lease says nothing, you are stuck. The person who pays for the repair is often left holding the bag. If the landlord... Read more »

1 Answer | Asked in Civil Rights, Public Benefits and Social Security for Washington on
Q: after the car has been towed for 45 days, the car has been sold by “Wallys towing”. What should I do?

I am an international student, and I had a car ins Seattle. Because of COVID-19, I planned to go back to my home country, and I will go back to America in next year. My friend who live in Seattle taken care my car, he parked my car on the side of the road, but the car was towed away. After the car... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

Your problem should be dealt with under state or local city law. That means to get the right answer, you need to ask your questions to a Washington State attorney.

I am a Utah attorney. If a car is left too long in the public space in Utah, a tow company can tow it, and eventually sell it....
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1 Answer | Asked in Social Security on
Q: As a minor, do I own my social security card and number?
Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

It depends on the situation. The government issues the number and card, so in the end the government owns it. Something valuable that needs to be protected like the SS Card can be held by a guardian or conservator for a minor. If you live with a parent that has custody over you, they could hold it... Read more »

1 Answer | Asked in Health Care Law and Social Security for Virginia on
Q: What should I do

I went into a nursing home right after hip surgery for less than a month. Well no one at social security office changed my address and now they are deducting a yrs worth out of my check because they claim I was in a nursing home a yr. I was in only for 24 days. So I told them well one agent... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

Keep talking to SSA. Attorneys frequently work out deals for payment, and later SSA changes things on them. In this case, it sounds like if you get paid for the missing year, your attorney might actually get more money. I would at least discuss the situation with your attorney to find out what they... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: After being served an eviction and given a date. Do we forfeit the right to sell our mobile home?

The house is ours no lean

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

In the eyes of the state, a mobile home is a vehicle. That is why you have a vehicle title to the home when you own it. If you are being evicted from the mobile home park, they either have a problem with you or your mobile home, or both.

If you own the mobile home, selling it is always a...
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1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I paid rent the past 6 months without a lease and I can prove that can I sue for being locked after paying rent

I paid rent on the 15 I was locked out and my room was broke into everything taken from it along with my safe broke open and emptied I had a dead bolt that only I had the key to. What cAn I do if I had no lease but te ts from roommate that renterd to me that contain rental agree ments and video of... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

If you can't afford an attorney, go to www.utahlegalservices.org. They will represent you if you qualify.

Once the police choose to back out of the situation, your only option is to sue the landlord.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: UT. Only I singed the lease. Landlord's info not present. Paid a deposit and one months rent. Is the lease still binding

I was told I'd be able to use the private hot tub on property. Being denied access. Hot tub not mentioned in lease. Lease not signed by anyone but myself. Can I move out without penalty and get my deposit back?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 6, 2020

If you sign the lease, and give the landlord a copy, he is in control of whether the lease is valid. If you sue to enforce the lease, the landlord can argue he never signed it and that you are on a month to month tenancy. If the landlord wants to enforce the lease, he can hand you a signed copy and... Read more »

1 Answer | Asked in Real Estate Law for Utah on
Q: Do we owe taxes on Utah house sold 2 months ago, if no mention of prorated taxes on final settlement?

Sold our house in Utah 2 months ago. Just received email from title company asking for us to send $7,000+ to cover the tax bill that the new owner is responsible to pay. If there was no mention of prorated taxes on the final statement that we all signed the day of closing, isn't that in itself... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 5, 2020

I suppose in unusual cases, this could go either way. The Real Estate Purchase Contract almost surely covered this even when the Settlement Statement did not. It can be argued that the final Deed replaced the REPC.

Without reviewing all of the documents, it's difficult to be sure what...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for my landlord to keep coming in my backyard without 24 hour notice?

My landlord keeps coming into my backyard without notice and then demanding me do certain things to the lawn or else they will charge me 300$ while only giving me a day or 2. I never get an inspection notice. When a new tenant moved into the basement apartment, they decided to divvy up the yard... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 4, 2020

The Landlord is legally required to follow the lease you signed with them. An agreement between the landlord and an additional tenant cannot change your lease.

If the landlord refuses to follow the lease you signed with them, you have the right to terminate the lease and move. You could try...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are landlords responsible for replacing carpet on exterior of unit if there’s an excessive amount of bird excretion?

When I moved in I had my apartment manager replace the carpet on my units balcony as there were copious amounts of bird excretion that I could not clean. I thought it was just ruined from years of buildup but within a few months my balcony was again covered in bird excretion to the point where I... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

Most of your relationship with your landlord is controlled by your rental agreement. If you find a provision that says they must clean things up, you can demand they clean them up. If they refuse, you have a reason to quit the lease early.

If you don't have a provision in a lease to...
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2 Answers | Asked in Civil Rights and Social Security for California on
Q: mom recieves SSA and SSi and FS. She just recieved a 16,666.00 inheritence. How to legally keep w/out losing benefits

My mom is on SSI 163 month, SSA 513 month, part of legally separated hubs ssi 287 month and 153 in food stamps. Total ... She just recieved a cashiers check for 16,666.00 from my grandmas trust as she has passed away. Will my mom lose her benefits? How can we go around them legally so she can keep... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

If the funds had not been given to your mother, but instead had been given to a trust that could help her, that would have avoided losing benefits. She will lose the $163 a month need based funds. She will continue to get the work based benefits. If she does not report receiving the funds, this may... Read more »

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2 Answers | Asked in Contracts for Utah on
Q: Can a person or company sign legal documents on behalf of a client if they have written permission to do so?

Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

It depends on the business. Many businesses and government entities will allow you to use a "Power of Attorney". This is a document signed saying it is ok for someone else to sign on your behalf.

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can I get brought to court on a 4 year old lease for problems found after and inspection. What can I do.

We lived in Utah 4 years ago. We did a final move out inspection with no discrepancies. The other day we received a text message that we owed money for cleaning and paint repair. They are threatening to turn over the info to an attorney which will affect my credit. They have not contacted us in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 2, 2020

Utah State Code 78B-2-305(1) says that a party (like a landlord) may only sue for damage to the home/apartment within 3 years.

https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html?v=C78B-2-S305_1800010118000101

It's possible the text is someone who learned a little of...
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1 Answer | Asked in Real Estate Law for Utah on
Q: What happens if signed a purchase agreement of my house for buyer to buy it and backed out before closing?
Kenneth Prigmore
Kenneth Prigmore answered on Oct 27, 2020

It is not clear by your question which party backed out. The Buyer or the Seller? Earnest money is normally required by a buyer in case they back out. If the requirements under the contract have been met, the Buyer will lose the earnest money.

If the seller backs out, and they don't...
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3 Answers | Asked in Social Security for Indiana on
Q: I have tried to get into my S.S. account, I have been to the office a lot. They send me home with a temp password, don't

help at all. When I sign in it says my information is not correct. I know my info. I have ask them to go into my account and see what is wrong. they won't do it. Today I posted on their page I was FED UP. So they gave me a number for help, I called and was on hold forever so I hung up. What... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 21, 2020

When you talk to people at SSA, you will find they have a wide variety of knowledge and motivation to help citizens. Don't let one person there make you think they can't help you. Some just answer the phone and have no answers. Others seem to be on a mission to helping as many people as... Read more »

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1 Answer | Asked in Business Law and Contracts for Utah on
Q: Are we obligated to continue servicing equipment after canceling a plan, if a customer has paid?

I work for a hvac company. We have a maintenance contract. (Prepay for annual services) With that, customers have the option of making payments monthly via auto withdrawal. In our contract it states if more than 2 payments are missed, the plan is canceled. We offer 5 year and 10 year plans. My boss... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Oct 21, 2020

Please note that I am not your attorney, and this conversation does not create an attorney client relationship. The issues discussed here are general ideas based on a very limited set of circumstances. Normal discussions with an attorney will produce better results as the attorney knows what issues... Read more »

2 Answers | Asked in Social Security for Nebraska on
Q: my power of attorney has taking money and spent that on themselves while I was incarnation
Kenneth Prigmore
Kenneth Prigmore answered on Oct 14, 2020

Your state should have an office of Adult Protection Services. Call the local police and ask for the phone number. Adult protection services will investigate your situation.

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