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Utah Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Utah on
Q: I signed a lease last November. In the lease contract states: "If the tenant moves out the natural expiration of Lease

a re-rent levy of $1.200 will be charged to the Tenant." We are planning on moving out before the end of the lease and the landlord says that I'm obligated by law to pay rent until the end of the lease or until we find a new renter. Is there a law that states that in Utah? She is also... View More

0 Answers | Asked in Landlord - Tenant for Utah on
Q: Is my daughter liable for new lease after office told her some one signed to buy her lease but didn’t pay the deposit?

My daughter is a tenant and I am the co-signer. My daughter is trying to sell her lease. A few weeks ago, the front office contacted my daughter through text and let her know that some one wants her lease and that she needed to move in, in two days. My daughter complied and moved out before the... View More

0 Answers | Asked in Landlord - Tenant for Utah on
Q: Can a Condominium HOA enforce a rule after the rule was created

I rent a condo and put in window air conditioners in April 2024. Now the HOA created a rule on June 23, 2024 saying no window air conditioners. Can they force me to remove it or fine me for having it?

0 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I'm being charged ~$2,200+ for what I feel is "normal wear and tear repairs."

Property Management hasn't given me a breakdown of each charge.

They lumped everything from removal of a bidet to attaching a screen to a window in a $935 charge used the same description for a $277 charge and then again for another $763 all whilst tacking on an additional 10%.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Have lease, expires May 2025. Landlord wants to sell and has ordered to vacate. Do they have to financial compensate. UT

Landlord won't respond and has ordered to vacate in a week. Causing duress and worry as this would put me homeless with 2 dogs. Wants to sell but have a lease till 2025. What recourse do I have? I know she must honor the lease but it's a form of harassment as she keeps calling and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Utah, if you have a valid lease that doesn't expire until May 2025, your landlord generally cannot force you to vacate the property before the lease ends, even if they want to sell the property. The lease is a legally binding contract, and the landlord must honor it.

However, there...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Anything I should be doing after Plaintiff replied and Submitted for Decision after my Response Opposing Sum. Judgment.
James L. Arrasmith
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answered on Mar 30, 2024

After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: I am a Pro Se Defendant a Reply and Submit For Decision have been submitted to the court by the Plaintiff. Options?

I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More

James L. Arrasmith
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answered on Mar 31, 2024

As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:

1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: court today on staking Injunction. I got attacked on 11/17/23 at my apt by neighbor. I got kicked out. From housing

Housing authority I got the staking Injunction before they were going to kick me out. Instead they were going to keep her there. But kick me out. How can I use this in court today.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about the attack and the difficult situation you're facing with housing. Here are a few points that may be helpful as you prepare for court today regarding the stalking injunction:

1. Emphasize your safety concerns: Highlight that you were the victim of an attack...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 26, 2024

Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is it legal for apartment management to get you sign a lease agreement for the next year before your lease is up?

They say they didn’t require it but they bribe with lower rent if you sign early.

Wesley Winsor
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Wesley Winsor
answered on Jan 5, 2024

Certainly, it's within legal bounds for your apartment management to offer a lease renewal before your current lease concludes, provided they've been transparent about the process. This is often done to ensure tenancy continuity. If they've proposed an incentive for early renewal,... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Utah on
Q: I submitted my lawsuit complaint on November 17 2023 and it’s hasn’t move from there cant I ask the judge for review

Can I ask the judge to speed up case so I could server defendants to be served

James L. Arrasmith
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answered on Jan 2, 2024

If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.

Remember, while the legal...
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1 Answer | Asked in Landlord - Tenant and Business Law for Utah on
Q: Am I able to create an LLC to rent out a property I own (under own name) through a separate Property Management Company?

I created an LLC to accept payments from and to pay Property Management company on a property that is under my name not my LLC. I am just looking for general advice as to what the best practices are? Should I change the title/deed to the LLC or is it possible to rent my property using a Property... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Oct 13, 2023

You can hold the property in your own name or in the name of the LLC. When renting out property, it is often a good idea to place the property in your LLC and then do business with the tenants as an LLC. This includes having all payments go directly to an LLC account created with its own tax ID... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I served a tenant with a 3 day vacate order, for a non criminal offense. Are they entitled to their October rent return

It is not identified in my lease

T. Augustus Claus
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answered on Oct 12, 2023

In Utah, there is no law that specifically requires landlords to return rent to tenants who are evicted for non-criminal offenses. However, the terms of the lease may require the landlord to return rent. If the lease does not address the issue of returning rent after an eviction, the landlord is... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: The owners of a home I am renting (yearly lease with 9 months left) want to buy out our lease. What are our rights?

Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2023

Your lease is a contract that will control whether a buyout is allowed and how it needs to transpire. If there is no mention of a buyout in your lease, then your landlord will need your permission to terminate the contract.

Unless the lease says otherwise, you can negotiate what you think...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: I am breaking my lease, can my landlord add this to exit docs forbidding me from leaving bad reviews?

"Resident and all occupants shall not utilize any website

or social media to negatively discuss its tenancy, Owner, or this agreement. A breach of this provision shall entitle

Owner to recover from Resident such sums as may be deemed actual damages from the breach and an agreed... View More

John Michael Frick
John Michael Frick
answered on Aug 29, 2023

Your landlord can ask for this. You don’t have to agree to it

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord make you take down political signage within the rental unit
T. Augustus Claus
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answered on Aug 24, 2023

In Utah, landlords generally have the right to establish rules and regulations for their rental properties, which may include restrictions on signage. However, restrictions on political signage can sometimes be considered a violation of tenants' First Amendment rights. The specific rules can... View More

1 Answer | Asked in Business Law, Insurance Bad Faith and Landlord - Tenant for Utah on
Q: Covered business claim, landlord is forcing to evict because of utilities

I am a business owner, and my building had a covered claim under my landlords policy. A water heater broke. This happened in feb 2023. The insurance company refused my contractors, and used the ones they picked, along with the ones my landlord chose. The building is still not accessible in terms of... View More

Wesley Winsor
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Wesley Winsor
answered on May 31, 2023

The first step would be to look to the lease agreement. It should speak to what happens if there is a breach in the agreement and how to move forward from there. It may even speak to a situation where you are disallowed occupation of the property due to some repair work and what their duty is to... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can my ex landlord keep my deposit just cause she wants to ??

I paid my deposit on time I put my 30 day notice I cleaned and did everything the “contract” said. We didn’t officially sign anything but I do have pictures of me giving her the deposit and messages also. One she is just renting it to anyone without letting the apartment complex know, so... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 27, 2023

In Utah the law requires the landlord to return the deposit, unless there is something in writing that was given to you when you paid the deposit stating that it would not be returned. Additionally, the landlord has only 30 days to return the deposit or clear explanation of any expenses to clean... View More

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