Salt Lake City, UT asked in Real Estate Law and Landlord - Tenant for Utah

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?

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

A: 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 take your signed copy with him to court to prove you must follow the lease. Handing over the deposit and first month's rent cements the idea that you agreed to follow the lease. You still have arguments to make in your favor, and any evidence of the discussion of the hot tub may help, but you aren't in a perfect situation and might lose if they sue for early termination of the lease.

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