Ogden, UT asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah

Q: I found out the beginning of March that I was going to be unable to renew my lease for too many late payments during/no.

They want me to be moved out by the end of May it's not an addiction it's just a non-renewal do I have rights in anyting that can buy me more time or at least until June 30th. It's already extremely difficult to find a place and everything going on with the pandemic as it is. Also husband has been in the military 15 years I'm a homemaker with four kids I don't know if that can help.

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

A: Based on rights, you have a right to stay as long as contracted, and Landlord is has the right to do business with whomever he pleases. If he accepts payment for a new month, he must let you stay for that new month. Some landlords will change their plans if you give them an extra month's rent in advance, so a payment will never be late.

Your relationship is based on your lease agreement, so there may be something there to help. There may be options in the agreement that allow you to renew. Or not.

If someone refuses to leave, the landlord doesn't have the authority to show up at your door and kick you out. He has to sue you first. If he is efficient, the whole process can happen in 2-3 weeks from the first day you were supposed to be out.

When he wins, you will owe him triple rent for the days you chose to stay beyond your contract without payment, plus attorney's fees, service of process fees, mover fees, storage unit fees and fees for replacing locks. Some people stay longer than they are welcome, and they are protected until the court eviction process is over, but they still owe the money for overstaying.

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