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2 Answers | Asked in Contracts and Collections for Utah on
Q: What steps do I need to take to sue someone in a different state

Old roommate broke lease when we moved out a month early, we paid rent to her for last month of lease and she moved out right after us breaking the lease which she was also on, we were sued and had to pay full amount plus interest and fees as she moved to California

Kenneth Prigmore
Kenneth Prigmore answered on Jun 29, 2020

You can sue them here and if you win, you can take the judgment to California to request that a local court there enforce the judgment. If they do, then you will have a California judgment, which hopefully follows the same laws as Utah, allowing you to garnish their wages in California.

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1 Answer | Asked in Real Estate Law for Utah on
Q: I am under contract to purchase a home. The seller disclosure form notes they finished the basement in 2019, but no

mention of a permit. I looked for one with the city and county, but I am unable to find one. A home inspection found the basement outlets polarities reversed, so I assume the basement was finished DIY. What are the future implications of purchasing a home with a finished basement sans permit?

Kenneth Prigmore
Kenneth Prigmore answered on Jun 25, 2020

That is hard to say. Your insurance may cover any issues, or they may have left it out of your insurance agreement. When you buy the home, it's hard to pursue the prior owner for less than professional work, as you did have the opportunity to inspect. The city or county where the home lies may... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are there laws entitling a tenant to see the lease without having to pay a fee first? (Utah)

I'm looking to rent from an apartment complex and every complex requires $100+(usually way more) to even get to see the lease. This seems like a cash grab because you pay, I don't know, say $250 to see the lease, and it's filled with extra fees, clauses that waive rights, etc, but if... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 18, 2020

I am not aware of any such laws. If you have an obvious personal trait that is protected under federal law, they might be using this fee as a way just to be difficult to make you go elsewhere without looking like they are discriminating against you. If they don't charge everyone the fee,... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Utah on
Q: I have an inherited tenant in Ogden Utah until 2021 , I need the house vacant how to serve buyout clause?

I bought a house with two tenants, one is month to month and the other has a lease in place till next year.

I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?

I have other plans for the home in the short term. The house... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 8, 2020

The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... Read more »

1 Answer | Asked in Contracts for Utah on
Q: Can I sue the person I Co-signed for, if they didn’t pay and aren’t willing to pay.
Kenneth Prigmore
Kenneth Prigmore answered on May 21, 2020

Definitely. When you cosign, the person you are helping gets a house or car and you normally get nothing. If that is the case, and you have to make the payments, you can demand that they give you the house or car, or at a minimum make their own payments.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: yes hi my name is danis Mace and I am part ownership of a tenants-in-common property that was our family home. my older

Sister lives on the property she has a manufactured home that she's renting out on the property also that I live in for five years and she made us leave she wanted more rent. I also have an older brother but my question is I've had things out in the shed out there and she's made me... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 18, 2020

There are many ways to deal with property owned by multiple people. Sometimes someone is allowed to stay on a property for free to care for it, thus protecting everyone's interest in the property. Other times one owner will live there as a tenant, and the other owners are landlords. In that... Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: My tenant changed his mind two days before the beginning of the contract and failed to occupied the property.

He paid the deposit and one month in advance three weeks prior to the start of the contract and now is asking for the full refund. We’ve found new tenants and they’ll start the contract in two weeks. The previous tenant doesn’t want to sign a termination agreement and he doesn’t think he... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 6, 2020

The date they told you they would not be staying in the rental is normally the date of Termination for the original tenants. They did sign an agreement, so even though they got nothing out of it, you may technically argue their termination cost you rental time if the contract is clear on this... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Does an unlawful detainer need to be served by a sheriff or constable ,or can my landlords dad just give it to me ?

How many days after receiving this unlawful detainer do I as defendent have to reply? In Utah.

What's the next step after I send my reply in to court ??

When do I have to move out?

Kenneth Prigmore
Kenneth Prigmore answered on Apr 27, 2020

As you have several questions and unlawful detainer is unique, I recommend talking to an attorney. If you can't afford an attorney there is an organization in Utah that will represent you for free and give you plenty of information:

https://www.utahlegalservices.org

2 Answers | Asked in Estate Planning and Probate for Utah on
Q: What do I do if my sister takes all of my mothers estate?

A couple days before my mother passed away my sister and uncle drafted up their own quitclaim deed putting my moms house in my sisters name. I wasn’t informed until the moment of the signing that my name wasn’t attached. My mom was in no state to be signing any kind of legal documents. She was... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 27, 2020

You can explain to your sister that if you can prove that your mother was not mentally competent, through doctor's records and testimony, that you can get a court to either 1) reverse the deed or 2) divide the sale funds as if the deed had not been written and your mother died without signing... Read more »

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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My significant other passed away. He left a will for me to have his property and his house but not as the executor

I just need to know how I go about getting the house transferred in to my name

Kenneth Prigmore
Kenneth Prigmore answered on Apr 22, 2020

If the property is still in the decedent's name, you will need to open a probate and get an order from a judge awarding you the property. This order will get recorded with the county recorder to put the home in your name.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Once you have put in your 30 days notice at a commercial property, can the landlord do an inspection before the 30 days?

After 6 years of dealing with terrible landlords, I have put in my 30 days notice to vacate property. My soon to be exlandlords are trying to enter the property prior to the 30 days being up for an inspection and I would like to know my rights.

Kenneth Prigmore
Kenneth Prigmore answered on Apr 6, 2020

I have never seen a commercial property lease without an agreement. Your rights will be detailed in that agreement.

1 Answer | Asked in Contracts and Real Estate Law for Utah on
Q: Any entitlem to any monetary settlements/damages due to a change of lending programs which delays closing and funding

We are supposed to close and fund on April 16th with the buyer using a FHA loan. We found out today that they changed to a USDA loan and could possibly delay funding past April 16th. I am paying for a moving company to move to Texas, closing on a new home on April 16th in Texas, and have to start a... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 4, 2020

This is obviously a very difficult situation. The short answer is look to your contract. Unless it specifically promises you will get the damages you are describing, you are not likely to get them.

Your relationship with the buyer is tightly controlled by the deadlines in your Real Estate...
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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: My parents died 33 and 35 years ago. Do I still need to probate there home. I'm only child!

I want to sell there home no one has lived in in25 years!

Kenneth Prigmore
Kenneth Prigmore answered on Feb 26, 2020

The answer depends on how they held the property. If they held it in a trust, the trust could easily still be running and if you were the Trustee, you could sell the home. Same for an LLC if you were the manager or sole member of the LLC.

If they held it in a Joint Tenancy with you, then...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Prop Manag Co bus. license exp./agent license revoked. Can he legally sue for eviction?

He filed eviction under a new company name I have never heard of and a copy of a lease that is not our original lease. Signatures are copy and pasted. He originally filed with "Property Management" for the business name but amended it to lease company name. After I questioned having no... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 24, 2020

If you can prove he copy and pasted the signatures, that is criminal and he could go to jail. Take the proof to the county attorney's office and make sure they know which attorney he is using. The attorney may be in trouble as well.

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2 Answers | Asked in Real Estate Law for Utah on
Q: If a spouse dies just before you close on a contract you've written to purchase a house, are you still obligated to buy?

And are you entitled to your earnest money back, it happened after all dates expired so the earnest money went hard.

Kenneth Prigmore
Kenneth Prigmore answered on Feb 20, 2020

The most likely answer is that you are going to lose the earnest money if you don't close on the purchase. I would definitely talk to the other side and explain you situation though. They may feel bad about your situation and offer to give back part or all of the earnest money.

The...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord in Utah ask for last months rent after we have moved in, paid deposit, and rent due?

We paid the deposit prior to move in. Deposit was the same amount as monthly rent. We moved in 6 days early and paid that with this months rent. Now they are saying that they want us to pay for last months rent in 5 days. This was not ever discussed or agreed to. And, is not in the lease.

Kenneth Prigmore
Kenneth Prigmore answered on Feb 14, 2020

Your relationship is based on the lease. If they can't show you a place on the lease where you are required to pay last month's rent, then they can't ask for it. If they tried to evict for your failure to give them last month's rent, but it was never agreed to, they would lose.

1 Answer | Asked in Contracts and Workers' Compensation for Utah on
Q: Does my employer have any right to clawback a 2019 bonus if I put in my 2-week notice on the same day as bonus payout?

I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?

Kenneth Prigmore
Kenneth Prigmore answered on Feb 7, 2020

No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.

Once they have paid you, they can't take it back....
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord keep his trailers on the property that my sister rents?

my sister rents a small house in Utah. The driveway goes from the street past the house to a garage. My sister's landlord has parked two old trailers on the driveway next to the house. They are an eyesore and my sister does not want them there. They also partially block access to the garage... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 17, 2020

The answer depends on the rental agreement and the condition of the property when your sister arrived. Does the agreement make any mention of the landlord storing anything on the property? Does the agreement use unusual language that says your sister was only renting the house and not the property... Read more »

3 Answers | Asked in Estate Planning for Utah on
Q: Father passed away with no will, He has 5 children 3 oldest kids with his first wife who he had divorced later and 2

3 oldest kids with his first wife who he had divorced later and 2 outside of marrige. who legally has the rights over property? Youngest child is saying he has the right to say who gets what because he is the benifacary for life insurance plan from fathers work

Kenneth Prigmore
Kenneth Prigmore answered on Dec 2, 2019

In Utah, when someone dies without a will, anything with a stated beneficiary, like life insurance, or a pay on death bank account, will go to the person stated as a beneficiary. Everything else, including a house, first goes to the spouse of the decedent, if all of the decedent's children... Read more »

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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: Do I have any legal grounds as after a promotion at my place of work, my wage did not increase and company will not pay?

I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 29, 2019

You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... Read more »

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