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Utah Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Utah on
Q: If I received a bill from my previous landlord 6 months after moving, am I responsible for paying it?

The bills is for repairs, carpet replacement. They already kept our deposit but are just now sending a bill. This is a new property management company who came after we moved. I read that Utah law says a landlord has to bill you within 30 days.

0 Answers | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Utah on
Q: Can entering the property w/o 24 hours notice be terms for breech of contract?

We want to leave the contract due to terrible management. We rent a basement apartment have have tenants above us. City ordinance doesn’t allow for both units to be rented. But more so they entered the premises a few weeks ago without 24 hours notice. We didn’t realize at the time but I believe... Read more »

0 Answers | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Utah on
Q: I slipped on ice my landlord won't clean up and hit my head. What can I do?

I've brought up for weeks that even tho I was shoveling snow, it was their responsibility to make sure our parking lot was snow and ice free to stop any of their tenants from hurting themselves. It hasn't been done. Last night I slipped on the ice I told them was a problem and hit my head... Read more »

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...
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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…”

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: We are trying to end our lease a couple weeks early.

We provided written request to end the lease early and it was approved. We received a confirmation text from the property management company of new end date and a move out email with the new date.

One week following the confirmation from the PM co., we received an email from the landlord... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 23, 2021

As I have not reviewed your lease or the text and email from the landlord's management company, I can't tell you how likely you are to win if you were to fight this out in court. The theory you suggest is valid and may be true. Your relationship with the landlord is based on your lease... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Does a landlord have a responsibility to attempt to find a new tenant if we break our lease early?

We are breaking our lease early due to personal reasons, nothing outlined in the contract. There is over a year left on the lease. The landlord said that he is willing to let us sell our lease or terminate the lease once a new tenant is found. Unfortunately, it seems there have been no reasonable... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 11, 2021

The landlord has a claim against you based on the lease period, however, if you quit the lease, the Landlord has a responsibility to advertise and actively seek a new tenant. The landlord can charge you for the advertising expense, but he can't just sit on the empty property for a year and... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I rent a condominium through a Prop Mngmt Co. Garage door had to be replaced and it took 2 months. I had to pay to park

Two months ago my garage door broke. It took 2 months to get it replaced. I had to park in the parking lot as the garage was inaccessible for those 2 months. The Homeowners Association charged me $50.00 month to park outside of the garage. I asked for reimbursement from the Property Rental... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 10, 2021

The final answer may be answered in your lease. If it isn't covered there, you could go to small claims court and sue. Small claims does not require an attorney, and it costs less to file.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for the apartment complex I just move into to give me a bedroom door as my front door?

My front door is a flimsy bedroom door, it doesn’t close properly, the deadbolt doesn’t lock, the door gets stuck and I can’t get out of the door without a huge struggle, I’ve complained 3 times and I was only told that they would come and paint the door and replace the locks if I bought... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 2, 2021

There are normal minimums that come with making an agreement with someone. In the case of an apartment, safety and security are high on the list. If you feel the landlord isn't providing you with a secure situation, you can just leave, and then sue for any money you gave them. When addressing... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: After moving out of our apartment, can the landlord charge us for paint and carpet cleaning for normal wear and tear?
Randy Bryan Ligh
Randy Bryan Ligh answered on Jul 14, 2021

You need to read your lease. Sometimes landlords list a set of charges/fees upon move out----kinda sneaky but I think they picked this up like the short term condos and rentals have a cleaning charge upon departure. If there is nothing listed, then you should return the property in the same... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a Utah landlord require us to pay for a custom-made door?

We used a stopper on our pantry door so that the doorknob would not keep slamming into the fridge. Eventually the stopper put a 1-2" hole in the door. Instead of just patching the hole, the landlord is insisting on buying a new door. And even worse, he insists it be a $300 custom-made door... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 25, 2021

If you can install another door of matching quality and color to when you moved in the home, the landlord will have real difficulty trying to sue or press you for anything else. This becomes much more difficult to do if you have already moved out of the home. If he has already purchased and... Read more »

1 Answer | Asked in Real Estate Law, Health Care Law and Landlord - Tenant for Utah on
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... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 20, 2021

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... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Do I owe roommate rent back for April if she moved out on her own April second without giving me notice?

Roommate moved out voluntarily without giving me notice and is now threatening to take me to small claims court for Her portion of rent since she no longer lives here. We have both signed the the release of residents form to remove her from our lease after she decided to move out. This form states... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Apr 20, 2021

The short answer to your question is "possibly". In my experience small claims court judges each have their own mind about what should happen, even more than your average district court judge. If either party is unhappy with their small claims judgment, they can spend more money to start... Read more »

2 Answers | Asked in Landlord - Tenant for Utah on
Q: I am buying my father's home and my sister is living in home and refuses to leave

My father is selling us his home and my sister who has lived with him for years is refusing to leave we have given her many months notice she would have to leave when we close on the home and now with closing a week away she's refusing to leave we are in Utah FYI she hasn't been effected... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 18, 2021

As an update to my previous answer, I just noted that you are purchasing the home personally. This changes many things, the first of which is that the one week deadline is not usually a hard deadline. You can normally reschedule. It's annoying, but little is lost other than time.

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