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Utah Landlord - Tenant Questions & Answers
0 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Is it legal for an apartment complex to include a confidentiality stipulation in a mutual termination settlement?

Our old complex is notorious for it's awful living conditions. We left a month shy of our lease and sent an email including our photo evidence of the many ways they had broken our lease: not making repairs such as black mold in the bathroom, poor wiring in the kitchen that caused two... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: What is the Utah code for renters/landlord on rights to terminate a month-to-month lease and time to vacate in utah?

I was given 30 days notice to vacate the premises and exactly 30 days to vacate as from last night (07/18/2022) and he is giving me until 08/16/2022 to do it. My understanding is that I had until the end of the following month of August. To say the least he has been a nusance. I would need a link... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 19, 2022

That is a lot of questions. Most attorneys will do a free consultation in their first appointment. I no longer accept clients on this type of law, but here is a great resource: do a google search for "Utahlegalservices" They help people that can't afford an attorney, and the website... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Landlord - Tenant for Utah on
Q: can I cancel my rental agreement when I sell my property or does the rental agreement continue on with the new owner

this is a rental agreement on farm ground

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 12, 2022

The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have... Read more »

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

I’ve spoken with multiple attorneys and they said that, in the state of Utah, it doesn’t matter. If you know the laws, because the courts in Utah believe that if they required intent, then everyone would just lie and say they didn’t know the laws.

Utah gets a lot of tourism, and... Read more »

William Melton
William Melton
answered on Jun 14, 2022

It depends on the law, but the overwhelming majority of crimes have an intent requirement that must be proven. There are some crimes such as DUI that are considered strict liability crimes and the state does not have to prove intent. I don't know what attorneys you're talking to, but I... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Ladder outside my bedroom window. Is this against a reasonable expectation of privacy?

My apartment complex is replacing the roof and in the meantime maintance has put their ladder that they climb up and down all day outside my bedroom window and the complex didn’t give any warning that they would have noisy work going on so it has been interfering with my ability to work (I work... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on May 17, 2022

You do have a reasonable expectation of privacy, but even more, you have a reasonable expectation of safety. Take time to think through the problem, any possible solutions (like a better place to put the ladder) and then write them down, sign and date it, save a clear photo or scan of the document,... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: can a landlord deduct from the security deposit every time you resign?

I began my tenancy in 2018 with a $2,400 deposit (20% non refundable). I have signed a new lease every year since and every term 20% is deducted. Now the lease sows $984 as the deposit. Is this legal?

Kenneth Prigmore
Kenneth Prigmore
answered on May 6, 2022

The answer depends on what you agreed to. An attorney will need to review each of the rental agreements you signed to be sure. Also, you can ask the landlord to produce a document that shows how that money was applied to specific costs and expenses.

1 Answer | Asked in Banking and Landlord - Tenant for Utah on
Q: What are my rights as a tenant when the Landlord illegally withdrawals everything in my checking plus more?

I went to make my rent payment but instead of the payment I requested to make the portal I used withdrew everything illegally

Kenneth Prigmore
Kenneth Prigmore
answered on Apr 18, 2022

If you agree to have a specific amount taken from your account, then that is normal. If any other amount is taken without your permission, the landlord needs to return it immediately or they will be criminally liable. Tell the landlord they need to return the extra funds or your next call will be... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Do we need to give a landlord our paystubs while we’re in the lease?

We have a roommate on the lease wanting to move out. In order to move out the landlord needs current paystubs for the remaining roommates. The lease ends in august.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 26, 2022

It is not normal to show paystubs to landlords. It sounds like your landlord is concerned about whether the remaining tenants can afford to pay the rent if one of them leaves.

The relationship is controlled by the length of the rental agreement everyone signed. If the person who wants to...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Do my husband and I have the right to withhold rent from our landlord in this situation?

My husband and I currently live in a townhome complex, and have been smelling our neighbors second-hand weed for some time now. It took us a little while to figure out what it was. The smell was mainly coming through our vents, and was confirmed to be weed by the vent repair guy, who also confirmed... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 23, 2022

Your safety is going to always be a priority in these matters. If you can prove you gave the landlord sufficient notice of the problem, either by email or text or written notice, then you have something you can give a judge if they sue you for breach of contract.

Contracts will normally...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: My landlord is finishing our basement in our townhome while we live there, is that legal?

We rented a townhouse in Draper UT in November 2020. It is a 3 bedroom, 2 1/2 bath, with an unfinished basement. In late September 2021 new management took over the property (without notice to the residence, we got notice the day the transfer of ownership took place). At this exact same time our... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 10, 2022

Your relationship with your Landlord is governed by the rental agreement. There are a few different issues that could affect the outcome of the issues you presented. If your lease has expired for example, you may be living in the property on a month to month basis. In that case, the landlord would... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: My landlord says I will receive a fine if garbage cans are taken out before Wednesday and not put back into the garage

by Friday. When I moved in the bins were filthy!! It was almost unbearable of the stench coming from the bins in my garage. He said it's the law to have them in the garage. I smell mold and I have been sick a number of times. So I took them out early this week. He told me I now have to pay a... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 9, 2022

Your relationship is controlled by your Rental Agreement. Also, if you agree in the rental agreement to follow townhome community rules, those rules will control your relationship with the landlord as well.

If those documents make it clear that you are not allowed to put bins out early,...
Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Utah on
Q: Do I have to keep paying my rent if the owner won't fix the unsafe water problem?

It's a mobile home park, the firehydrants don't work, the water and sewer lines are right next to each other. Others in the park are taking him to court. The city is taking him to court. I'm in a rent to own contract and the manager told me to stop paying my payment and lot rent... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 7, 2022

Continue to pay rent. In almost all cases, paying rent is crucial to maintaining your right to stay on the property. It's always better to pay rent, while simultaneously pursuing the landlord for failure to provide services noted in the contract.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Am I able to turn down "Amenity Fees" added on to apartment rent fees?

The apartment I'm in charges a standard rent fee, but also charges a separate "amenity fee" of $170 for valet trash service, direct tv and internet. I don't use the valet service or direct tv and never wanted it. I can get my own internet service. I was told this fee was... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 8, 2022

Your relationship is defined by the rental agreement. If this specific amenity fee is on the rental agreement, or if the total fees you pay is stated in the agreement, then you have agreed to that amount for the time period of the agreement.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Does "written notice" to a landlord need to be signed and dated? Are emails and texts considered 'written notification"?

My wife and I are elderly and bought a house with a mother in law apartment 3 years ago (only our names are on the title and mortgage) but share expenses--mortgage, utilities, repairs and upgrades with our son and his family. He recently has tried to install a hot tub without our permission. When... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 27, 2021

Normally your signed agreement between the parties will answer these questions. I highly recommend, whether you have an agreement or not, to sit down for a few minutes with an attorney to discuss your options. Most attorneys will do this first appointment for free to see whether they will be able... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Our Landlord is selling the house we rent. She is telling us we have until 11-01-2021 to vacate. is this legal?

She sent us a Notice of Intent to Sell on 10-05-2021. She stated that the property would be sold to another property management company and that our tenancy and lease would not be affected. On 10-16-2021 a realtor and a young family came to look at the house. They were not a new company. I found... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 18, 2021

That sounds like a difficult situation. The description states when you were asked to leave, but it does not state when you received the notice. The timing of a notice is important. If you have a lease, you may have agreed to some specific time periods for notice to leave. Some state laws override... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a mobile home park agent force me to pay another $50? If the late fee including rent was 450 but he ran my card 400?

My card then declined that attempt due to a fraud prevention. Me not knowing the total i owed was $450 saw the charge he just attempted to do for $400. I then went and got a cashiers check, which is another accepted way to pay rent, for $400. I turned it in 2 hours after later. After he received my... Read more »

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 28, 2021

Charging your credit card in this case sounds like a collection of amounts due, not a communication of amounts due. I don't have any doubt that in court your mobile park agent could get a judgment that you haven't paid the amount agreed upon in your agreement. If the email communication... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: after a landlord serves a written note of leaving how long do they have to file in court
Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2021

The answer to your question depends on why they are giving you notice to leave. For example, a notice to "Pay or Quit" due to failure to pay your rent may be only 3 days long. After that, they can file the lawsuit to start the eviction process.

If you are on a month to month...
Read more »

1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Utah on
Q: What kind of lawyer do I need to look for? Where do I start with everything in general? How can this all happen?

evictions case from 2013, started receiving notices for the first time towards end of July 2021, all 3 summons were signed by 1 of 3 defendants but another defendant was not informed (to the best of my knowledge) garnished wages for a total amount between now 2 defendants unknown how much each will... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2021

A Utah attorney could advise best, but your post remains open for two weeks. You present a number of issues to sort out, and it's possible you might benefit from an attorney who has insight into a number of the different areas (such as L-T) you describe. In terms of your immediate needs, a... Read more »

2 Answers | Asked in Landlord - Tenant for Utah on
Q: My landlord won't return deposit after agreeing to do so. However because I wouldn't allow him to bully me.
Mike Branum
Mike Branum
answered on Sep 2, 2021

You should repost this question in landlord/tenant. This is neither a criminal law question nor a personal injury question.

Your recourse is likely going to be filing in small claims court against your landlord. You do not need an attorney to file in small claims. You DO need to have...
Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Utah on
Q: Does the revised nonprofit corporation act take precedence over an HOA's bylaws and CCRs? Thank you!!
Lincoln W. Hobbs
Lincoln W. Hobbs
answered on Aug 24, 2021

It depends upon the provision in question. Many portions of the nonprofit act provide, “unless the governing documents provided otherwise…”

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