West Jordan, UT asked in Estate Planning, Landlord - Tenant and Real Estate Law for Utah

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 isn't exactly safe, the lease was made with a property management company that won't give advice because they can't legally.

I don't inherit the property management company as well right?

Any ideas, There is a serious health risk in the home i found during inspection, i need to owner occupy and would like to vacate the house to proceed with a rehab , remediation and cleaning before I move in.

They were good tenants for the previous landlord , I just have other plans for the home.

If they agree to anything how do i serve the Vacate notice, When do they get the 2 months rent?

Can i email them the paper work or does it have to printed out and delivered personally?

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

A: 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 you to Terminate the contract early, is often stated near the end of a contract. If there is nothing in the contract, you want to have them either served by someone that can give you proof of service, or mail it to them requiring their signature. This is only for notices regarding the lease, not for eviction.

If you are evicting someone, there are several laws you need to follow regarding service and specific documents that must be served after specific dates. There is too much to describe here. I recommend an appointment with an attorney.

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