Provo, UT asked in Contracts for Utah

Q: Land Lord Breaches Contract but wont let me terminate the lease

i pay for rent, plus an extra sum of money for sewer garbage and water to the landlord. The landlord is supposed to pay for sew, garbage and water and is stated in the contract. The landlord never has paid for garbage so the city started to charge the garbage to me. so i was paying double. i want to terminate my lease so iam using this as a breach of contract. would this be a big enough of a breach to terminate my lease without penalty ?

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
Answered
  • Saint George, UT
  • Licensed in Utah

A: Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.

I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would make a place eventually uninhabitable and would certainly disturb your peace and enjoyment of the property with smells and clutter of undisposed garbage.

I think that it would be big enough to terminate with out penalty, but I would give the LL a chance to cure (give him notice that you deem it a breach and of your intent to terminate unless he starts paying the bill and reimburses you for your expenditures).

Good luck.

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