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 
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
It is not identified in my lease
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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
Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.
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... View More
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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
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
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
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
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
We have rented this property for almost 4 years. We got a new PMC last year due to the sale of the property. We have always had renters insurance thru our insurance company. New PMC has us pay an extra $43 per month for insurance, ac filters, and online payment capabilities. Even though I have... View More
answered on Mar 6, 2023
The answer to your question can be found in your rental agreement. Did you agree previously in the agreement to use whichever insurance the landlord chooses, or does the agreement only state that you are responsible to pay for insurance?
If the answer is the latter, then you can send them... View More
I have taken care of my mom for 12 years, he has came to see her twice. I got a notice to be out in 5 days? Only signed by him. Is that legally binding? My mother is still alive
answered on Feb 17, 2023
The legal owner of a property has the power to evict anyone living there. If you have a rental agreement, the owner will be required to follow the terms of the agreement. If you don't have an agreement, and you haven't been paying rent, you will often qualify as a guest. Guests get a... View More
Our apartment gave us access to our garage, but we noticed this month that they aren't charging us for it. I looked through our lease and they never added on the additional fee for renting a garage. We aren't planning to mention it to them since this isn't the first time they have... View More
answered on Dec 7, 2022
Your relationship with your landlord is partially controlled by state law, but the relationship is mostly controlled by the agreement you signed with them. Usually agreements are prepared in haste and are often missing things that leave issues that are important to you in limbo.
In this... View More
"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
answered on Aug 29, 2023
Your landlord can ask for this. You don’t have to agree to it
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... View More
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... View More
this is a rental agreement on farm ground
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... View More
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... View More
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... View More
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... View More
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,... View More
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?
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.
I went to make my rent payment but instead of the payment I requested to make the portal I used withdrew everything illegally
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... View More
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.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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,... View More
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