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Utah Landlord - Tenant Questions & Answers
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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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can I rent out a home with poa even if another person is on deed but not loan
Kenneth Prigmore
Kenneth Prigmore answered on Mar 10, 2021

You are describing two separate issues that don't normally get combined. Power of Attorney is needed to sign on behalf of someone else.

Renting out a home that you own a partial interest in is legal. Not every owner of the home needs to sign the rental agreement. One person acting on...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Provo, UT landlord wants says move out for 2 months for major renovations on entire complex-lease has 6 month -can they?

Owners told management they don't know when renovations will occur but that we'll have at least 30 days notice. That's nice, but I would like to not move out until my lease is up 3 months after the approximate renovation date. I find no clause in the lease that lets the landlord kick... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 26, 2021

That is a pretty bizarre request. How and when a landlord can get you to leave is partially governed by state law, no matter what the contract says.

The contract will define most of your relationship with your landlord. Whether or not the contract allows for something like this is not as...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: I was given a notice to vacate that the vacate date is the date of my lease ending.

I am from the state of Utah and received a notice to vacate that is for the date the lease is up which is in over 2 months is this normal for a notice to vacate to be given to people when the lease is ending? Is this going to affect my rental history and show up on there as an eviction. What... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 8, 2021

A Utah attorney could advise best, but your questions remain open for two weeks. You could repost under Landlord-Tenant instead of the Personal Injury category. Although not all questions are ultimately picked up, you could have better chances of a reply in that category. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Utah on
Q: Hello, I need assistance getting out of my lease because of an unsafe condition (drugs).

The unit below me was raided a couple weeks ago and they seized over $1 million in meth. I told the office I was moving because of an unsafe living environment. They told my I had 2 options, both required me to continue to pay. My understanding is that if the landlord doesn't provide an quiet... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 30, 2020

If you can't afford an attorney, contact utahlegalservices.org. They are good with landlord tenant situations and I think you have a good argument that your apartment is unsafe. When a home is found to have large amounts of meth, they will often destroy the home and dig out the basement and... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: My landlord is not making repairs that as a renter aren't to my knowledge my responsibility. What do I do.

My landlord has become somewhat unruly to say the least she refuses to make any repairs to my mobile home that needs to be made saying that she doesn't charge me maximum rent because it helps me save money for the repairs that could potentially come up she's also threatens to evict over... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 3, 2020

Utah Legal Services has great advice for Tenants with difficult Landlords and the advice is free:

https://www.utahlegalservices.org/node/7/bad-housing

You can read the info, but you can also call Utah Legal Services if you have specific questions. They help clients low on funds for free.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I have received a "Notice to Vacate" by email from the property manager. Doesn't this notice need to be a physical doc.?

I'm a tenant in Utah and my understanding is this has to be a physical document served in person, by certified mail or left as a notice at the apartment.

Kenneth Prigmore
Kenneth Prigmore answered on Dec 2, 2020

It depends on your contract. If you can't afford an attorney, go to www.utahlegalservices.com for free legal assistance in Utah.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I live in a basement dwelling that the landlord doesn't have a permit to rent.

Our land lord doesn't have a permit to lease. There is a lock between the dwelling and the rest of the house. we have put in service request have have not been completed. When put in request we have been accused of smoking pot in the house. we have asked for 24 hour notices to be given upon... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 23, 2020

Most of your ability to sue is based on the lease. If a landlord refuses to give you what they promised in the lease, it is unlikely you will get a court to force them to improve things. If an apartment is unlicensed, or has serious basic problems like leaking roof, no water, etc, the state may... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: If I am renting a home in Utah and paid a plumber to unclog a drain is the bill my responsibility or the landlords?

I addressed the problem to the land lord prior to making the work order to a plumber service and was told it was my responsibility. But upon reviewing the lease terms again it states that I am responsible to reimburse the land lord for the cost of any repairs caused by misuse or neglect. Is using... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

It is difficult to give you a definitive answer without reviewing your lease. Under Utah law, many parts of the Landlord-Tenant relationship can be controlled by the lease. If the lease says nothing, you are stuck. The person who pays for the repair is often left holding the bag. If the landlord... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: After being served an eviction and given a date. Do we forfeit the right to sell our mobile home?

The house is ours no lean

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

In the eyes of the state, a mobile home is a vehicle. That is why you have a vehicle title to the home when you own it. If you are being evicted from the mobile home park, they either have a problem with you or your mobile home, or both.

If you own the mobile home, selling it is always a...
Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I paid rent the past 6 months without a lease and I can prove that can I sue for being locked after paying rent

I paid rent on the 15 I was locked out and my room was broke into everything taken from it along with my safe broke open and emptied I had a dead bolt that only I had the key to. What cAn I do if I had no lease but te ts from roommate that renterd to me that contain rental agree ments and video of... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

If you can't afford an attorney, go to www.utahlegalservices.org. They will represent you if you qualify.

Once the police choose to back out of the situation, your only option is to sue the landlord.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: UT. Only I singed the lease. Landlord's info not present. Paid a deposit and one months rent. Is the lease still binding

I was told I'd be able to use the private hot tub on property. Being denied access. Hot tub not mentioned in lease. Lease not signed by anyone but myself. Can I move out without penalty and get my deposit back?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 6, 2020

If you sign the lease, and give the landlord a copy, he is in control of whether the lease is valid. If you sue to enforce the lease, the landlord can argue he never signed it and that you are on a month to month tenancy. If the landlord wants to enforce the lease, he can hand you a signed copy and... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for my landlord to keep coming in my backyard without 24 hour notice?

My landlord keeps coming into my backyard without notice and then demanding me do certain things to the lawn or else they will charge me 300$ while only giving me a day or 2. I never get an inspection notice. When a new tenant moved into the basement apartment, they decided to divvy up the yard... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 4, 2020

The Landlord is legally required to follow the lease you signed with them. An agreement between the landlord and an additional tenant cannot change your lease.

If the landlord refuses to follow the lease you signed with them, you have the right to terminate the lease and move. You could try...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are landlords responsible for replacing carpet on exterior of unit if there’s an excessive amount of bird excretion?

When I moved in I had my apartment manager replace the carpet on my units balcony as there were copious amounts of bird excretion that I could not clean. I thought it was just ruined from years of buildup but within a few months my balcony was again covered in bird excretion to the point where I... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

Most of your relationship with your landlord is controlled by your rental agreement. If you find a provision that says they must clean things up, you can demand they clean them up. If they refuse, you have a reason to quit the lease early.

If you don't have a provision in a lease to...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can I get brought to court on a 4 year old lease for problems found after and inspection. What can I do.

We lived in Utah 4 years ago. We did a final move out inspection with no discrepancies. The other day we received a text message that we owed money for cleaning and paint repair. They are threatening to turn over the info to an attorney which will affect my credit. They have not contacted us in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 2, 2020

Utah State Code 78B-2-305(1) says that a party (like a landlord) may only sue for damage to the home/apartment within 3 years.

https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html?v=C78B-2-S305_1800010118000101

It's possible the text is someone who learned a little of...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: How long do I have to file a small claims case against my landlord about my security deposit they failed to return
Kenneth Prigmore
Kenneth Prigmore answered on Sep 30, 2020

Here's some details on how to sue for a security deposit: https://le.utah.gov/xcode/Title57/Chapter17/57-17-S3.html

As for timing, I believe it is four years based on this statute: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html?v=C78B-2-S307_2017050920170509

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