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Utah Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Utah on
Q: I am interested in signing a 2-3 year lease. I would like to pay it in full, can that be done?

I know some states have a limit on how much advance rent a landlord can collect. Does Utah have any such rules if I wanted to pay either the full 2-3 year lease at the beginning, or pay each year in full. Are there any downsides as a renter to do that?

Brent J Huff
Brent J Huff answered on Aug 21, 2019

I would not advise it for the same reason I would not buy a ring on a first date. Landlord-Tenant relationships sometimes go south or simply must end for various reasons. Further, when landlords have money in hand, they tend to pay less attention to their obligations.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore
Kenneth Prigmore answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to live... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Utah on
Q: Hi my name is Breann Alexander my phone # is 385-404-2068 and my email is Breannalexander801@gmail.com

My vehicle was towed out of my driveway without my consent i was not givin a 24hr notice to move my vehicle or anything there is not any signage around where i live and i had no clue where my vehicle was took to until i recived a note from the post office about a week later saying theres a letter i... Read more »

Mike Branum
Mike Branum answered on Apr 17, 2019

According to Utah Administrative Code you should have received a copy of the Utah Consumer Bill of Rights Regarding Towing as soon as you were contacted by the towing company. If you did not, you can file a complaint with UDOT on their website (www.udot.utah.gov). You may have a claim for damages... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Utah on
Q: If commercial lease has no damages clause, what happens if tenant is not in space by date noted in lease? get damages?

Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?

Wesley Winsor
Wesley Winsor answered on Jan 10, 2019

In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that... Read more »

1 Answer | Asked in Small Claims, Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: I signed a contact for 12 months that states it auto renews after the 12 months unless they receive 30 days notice.

I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.

Wesley Winsor
Wesley Winsor answered on Jan 10, 2019

Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.

More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.

I am not sure...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: What are my obligations to a contract when the company I entered it with is not registered with the state?

I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they signed... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.

I hope this helps....
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: If a property manager forgets to sign a lease is the lease void ? do I have to pay for damages on lease if voided?

I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that... Read more »

Wesley Winsor
Wesley Winsor answered on Jan 4, 2019

Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: If someone is renting out their basement illegally, can they legally evict you? Will it be on my record?

We had a lease when we first moved in to the basement apartment almost 3 years ago, the lease was up in 2017, we never signed another lease. We have gotten behind on rent and our landlord said he would keep working with us. We received a letter from him saying that we had until January 2019 to get... Read more »

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

You main question is whether a person who is illegally renting out his basement can evict a tenant.

The answer to that is yes. As between you and the Landlord the contract governs, therefore he can evict you for default of the agreement ( failure to pay rent). As between the Landlord and...
Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: My landlord sent a early 30 day lease termination.

My landlord sent a 30 day lease termination (i thought my lease was up the same time they did) . Im moving out of state so i put a deposit down for a truck and bought my mom a plane ticket to take turns driving. A week later i get a text sayimg there was a mistake with the date on the notice... Read more »

Wesley Winsor
Wesley Winsor answered on Oct 23, 2018

I would need to look at the lease agreement in detail to tell you for sure, but unless the lease says something different, their notice to terminate the lease would apply as an early termination of your lease. If you wanted to sue for breach of contract and enforce the lease agreement you would... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is this notice legal? Can an Apartment Complex refuse to renew lease if you continue to smoke off property?

Dear Tenants:

We were informed that Zion Way apartments will soon become a non-smoking apartment complex. We encourage you to quit smoking so that when the times comes you will be able to stay in your apartment. If you have not quit smoking when the nonsmoking rule becomes effective, you... Read more »

Wesley Winsor
Wesley Winsor answered on Oct 23, 2018

The short answer is "yes" this is legal.

The lease is a contract between you and landlord. The term of the contract is stated in the lease. After the term of the contract expires it has to be ratified or renegotiated by the parties. Landlords can discriminate (refuse to rent to) based on...
Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Utah on
Q: Lease agreement contract

If I sign a lease that states I am required to pay $3100 for early move out, plus paying rent for the other months left in the term, can I fight that in court? Is it legally acceptable for a property management company (landlord) to make you pay rent for months in which you are not living at the... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 13, 2018

Contract law imposes a duty to mitigate damages. So if you breached the agreement then technically you are responsible to pay rent for the months that you said you would in the contract. However, if the property management company is able to "re-rent" the place quickly then this would relieve of... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Let a coworker stay with us for what was to be 2 months, now going into 6 rent free. Do I need anything to move him out

A coworker was in need, so I let him move into a room in my basement rent free (just help w/ utilities), there's nothing in writing. This was all verbal. We made an agreement to be moved out by March 1, '18. I'm not sure if he'll move out without a problem

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Jan 11, 2018

Assuming he won't voluntarily leave when you request him to, you can pursue an unlawful detainer action against him, which is an expedited process which leads to a court order for him to get out. If he doesn't comply with that, law enforcement will assist you in removing him and his possessions. I... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Just left an apartment who is charging us $300 in move out cleaning costs, despite us cleaning for 8hrs. Help?!

We lived in this apartment for 1 year. Upon move out, they are claiming we owe an $85 cleaning fee, a $35 carpet cleaning fee, and an $85 partial painting fee (we did not pay a deposit upon move in). I cleaned for 8 hours before move out and scrubbed the apartment clean! The only damage to the... Read more »

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Sep 5, 2017

Take a look at the Utah Fit Premises Act, Utah Code 57-22. (You can find it through Google.) Also, check your city's ordinances; some cities provide more protection. Small claims court may be your best and only real option.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Utah on
Q: How many days does a land lord need to evict for none payment utah
Wesley Winsor
Wesley Winsor answered on Jun 22, 2017

A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.

I hope this helps.

Wes

2 Answers | Asked in Criminal Law, Domestic Violence, Landlord - Tenant and Small Claims for Utah on
Q: possible 2 evict roommate& her bf if name on lease,they also have assaulted me have Police report,need out fast
Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Jun 15, 2017

This is a landlord/tennant issue and not a criminal defense issue, so unfortunately I don't know.

View More Answers

1 Answer | Asked in Real Estate Law, Business Law and Landlord - Tenant for Utah on
Q: If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person

My landlord sisters want the apartment complex but he dosnt they already have an aggressive realtor wanting to buy it and saying she owns it already. Can the sisters sell the place with out our landlord agreeing to it? I know it's slip 3 ways . But it's only his name on the leases . The buyer... Read more »

Wesley Winsor
Wesley Winsor answered on May 24, 2017

They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully petition the... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Q: Can I legally stay in my aunt's home until it is sold
Wesley Winsor
Wesley Winsor answered on May 24, 2017

I am pretty sure I have answsered this question before: see

https://answers.justia.com/question/2017/04/20/do-i-legally-have-to-move-if-me-and-my-k-263553

and

https://answers.justia.com/question/2017/04/20/if-i-m-living-with-my-aunt-and-have-no-r-263559

Good luck....
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Is there a stature/law in Utah that requires a landlord to provide receipts for cash payments?

After numerous verbal and written requests my landlord has failed to provide me with rental receipts from 2012 to current...negating 2015 as those were emailed to me.

Wesley Winsor
Wesley Winsor answered on May 24, 2017

No, there is not statute for you to get a receipt. Receipts are typcially generated for the convenience of the parties involved. If your Landlord is nto giving you a receipt, you should draw up a simple statement when you pay and make the Land lord sign it everytime you pay the rent. Something... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I work full time for a fortune 500 company by telecommuting from my leased apartment. I am an employee and not a

subcontractor. My apartment complex is having extensive renovation coming up and we have been told that we can stay in our apartment during construction but it will be noisy, dusty and windows removed and replaced. I will not be able to work in my apartment during this time as a telephone CSR and... Read more »

Wesley Winsor
Wesley Winsor answered on May 16, 2017

I think the best way to resolve this, is to talk to your employer and try to work something out. If they refuse to let you miss, then because you chose where you are living you will likely have no recourse if they fire you because you were unable to work. The other solution would be to set up a... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Utah on
Q: Do I legally have to move if me and my kids are staying at my aunt's home and daughter wants to sell the home
Wesley Winsor
Wesley Winsor answered on May 9, 2017

Only an owner has the right to evict someone from their property. That being said, an owner can delegate that responsibility to their agent by giving their agent a power of attorney. Any actions of the agent will stem from the authority of the owner so the owner is actually doing it.

If...
Read more »

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