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Utah Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are there laws entitling a tenant to see the lease without having to pay a fee first? (Utah)

I'm looking to rent from an apartment complex and every complex requires $100+(usually way more) to even get to see the lease. This seems like a cash grab because you pay, I don't know, say $250 to see the lease, and it's filled with extra fees, clauses that waive rights, etc, but if... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 18, 2020

I am not aware of any such laws. If you have an obvious personal trait that is protected under federal law, they might be using this fee as a way just to be difficult to make you go elsewhere without looking like they are discriminating against you. If they don't charge everyone the fee,... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Utah on
Q: I have an inherited tenant in Ogden Utah until 2021 , I need the house vacant how to serve buyout clause?

I bought a house with two tenants, one is month to month and the other has a lease in place till next year.

I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?

I have other plans for the home in the short term. The house... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 8, 2020

The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: yes hi my name is danis Mace and I am part ownership of a tenants-in-common property that was our family home. my older

Sister lives on the property she has a manufactured home that she's renting out on the property also that I live in for five years and she made us leave she wanted more rent. I also have an older brother but my question is I've had things out in the shed out there and she's made me... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 18, 2020

There are many ways to deal with property owned by multiple people. Sometimes someone is allowed to stay on a property for free to care for it, thus protecting everyone's interest in the property. Other times one owner will live there as a tenant, and the other owners are landlords. In that... Read more »

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: My tenant changed his mind two days before the beginning of the contract and failed to occupied the property.

He paid the deposit and one month in advance three weeks prior to the start of the contract and now is asking for the full refund. We’ve found new tenants and they’ll start the contract in two weeks. The previous tenant doesn’t want to sign a termination agreement and he doesn’t think he... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 6, 2020

The date they told you they would not be staying in the rental is normally the date of Termination for the original tenants. They did sign an agreement, so even though they got nothing out of it, you may technically argue their termination cost you rental time if the contract is clear on this... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Does an unlawful detainer need to be served by a sheriff or constable ,or can my landlords dad just give it to me ?

How many days after receiving this unlawful detainer do I as defendent have to reply? In Utah.

What's the next step after I send my reply in to court ??

When do I have to move out?

Kenneth Prigmore
Kenneth Prigmore answered on Apr 27, 2020

As you have several questions and unlawful detainer is unique, I recommend talking to an attorney. If you can't afford an attorney there is an organization in Utah that will represent you for free and give you plenty of information:

https://www.utahlegalservices.org

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Once you have put in your 30 days notice at a commercial property, can the landlord do an inspection before the 30 days?

After 6 years of dealing with terrible landlords, I have put in my 30 days notice to vacate property. My soon to be exlandlords are trying to enter the property prior to the 30 days being up for an inspection and I would like to know my rights.

Kenneth Prigmore
Kenneth Prigmore answered on Apr 6, 2020

I have never seen a commercial property lease without an agreement. Your rights will be detailed in that agreement.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Utah on
Q: I HIRED A guy for home improvments 1200.00 up front. said he could park his trailer on property untill he finishes,

one month ago he has made, no progress bought no materials, and is using the garage as a storage unit, i never allowed use of garage. i want him gone i want to move his stuff to storage for 30 days like i would a tenant who has left there things behind. i would call this theft by deception for... Read more »

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Apr 4, 2020

You need an attorney who practices eviction and real estate law.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Question about tenant guest-banning rights

If a tenant is renting a room in a house where the owner of that house also lives can the tenant ban guests that the owner has said are ok to be there?

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

Hard to say w/out seeing the contract. A tenant may exercise exclusive control over some areas, probably their room and private space, but would not have the legal right to ban a guest of another tenant/owner from a common area space.

I hope this helps.

Wes

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Utah on
Q: My uncle did some fraud to me and my family concerning my grandfather's will.

My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 9, 2020

I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?

This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are...
Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Prop Manag Co bus. license exp./agent license revoked. Can he legally sue for eviction?

He filed eviction under a new company name I have never heard of and a copy of a lease that is not our original lease. Signatures are copy and pasted. He originally filed with "Property Management" for the business name but amended it to lease company name. After I questioned having no... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 24, 2020

If you can prove he copy and pasted the signatures, that is criminal and he could go to jail. Take the proof to the county attorney's office and make sure they know which attorney he is using. The attorney may be in trouble as well.

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord in Utah ask for last months rent after we have moved in, paid deposit, and rent due?

We paid the deposit prior to move in. Deposit was the same amount as monthly rent. We moved in 6 days early and paid that with this months rent. Now they are saying that they want us to pay for last months rent in 5 days. This was not ever discussed or agreed to. And, is not in the lease.

Kenneth Prigmore
Kenneth Prigmore answered on Feb 14, 2020

Your relationship is based on the lease. If they can't show you a place on the lease where you are required to pay last month's rent, then they can't ask for it. If they tried to evict for your failure to give them last month's rent, but it was never agreed to, they would lose.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord keep his trailers on the property that my sister rents?

my sister rents a small house in Utah. The driveway goes from the street past the house to a garage. My sister's landlord has parked two old trailers on the driveway next to the house. They are an eyesore and my sister does not want them there. They also partially block access to the garage... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 17, 2020

The answer depends on the rental agreement and the condition of the property when your sister arrived. Does the agreement make any mention of the landlord storing anything on the property? Does the agreement use unusual language that says your sister was only renting the house and not the property... Read more »

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... 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... 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...
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... 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.

Wes

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... 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 »

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