Ogden, UT asked in Real Estate Law for Utah

Q: A/C in apartment broken for two months. Works in all units but mine. Can I withhold rent in Utah for this?

The owner paid to have someone fix the a/c and got it working in all units but mine. I am currently on a month to month plan because I am over on my lease. With that they charge additional rent plus a $100 month to month fee. I have told them many times that the a/c still isn't working in my apartment and they never fix it. They told me I might just have to live with it and buy a fan. Even with the fans the temp in my apartment never gets below 85 degrees and I have two dogs who are miserable because of it. I tried to come up with a compromise with the owner and told them I would pay the increased rent if they would just waive the $100 month to month fee. Can I withhold rent in Utah? They are telling me that I can't do that and that I have to pay the full amount. Thanks!

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: You are free to negotiate your rental costs on future months, but your choice to stay is your acceptance of any past agreements that will cover the current month. If the landlord fails to provide a service that was previously agreed to, (perhaps AC has been part of the lease?) then you have an argument in favor of immediate termination and moving out if that is an option.

In Utah, you are not allowed to stay in the apartment but withhold any portion of the agreed upon rent. If you fail to pay, the landlord has the right to file an eviction and eventually have you evicted.

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