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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read more »
It's a mobile home park, the firehydrants don't work, the water and sewer lines are right next to each other. Others in the park are taking him to court. The city is taking him to court. I'm in a rent to own contract and the manager told me to stop paying my payment and lot rent... Read more »
answered on Mar 7, 2022
Continue to pay rent. In almost all cases, paying rent is crucial to maintaining your right to stay on the property. It's always better to pay rent, while simultaneously pursuing the landlord for failure to provide services noted in the contract.
The apartment I'm in charges a standard rent fee, but also charges a separate "amenity fee" of $170 for valet trash service, direct tv and internet. I don't use the valet service or direct tv and never wanted it. I can get my own internet service. I was told this fee was... Read more »
answered on Feb 8, 2022
Your relationship is defined by the rental agreement. If this specific amenity fee is on the rental agreement, or if the total fees you pay is stated in the agreement, then you have agreed to that amount for the time period of the agreement.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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... Read more »
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 »
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…”
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 »
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 »
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 »
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 »
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 »
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.
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