Lawyers, Answer Questions  & Get Points Log In
Utah Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is it legal for apartment management to get you sign a lease agreement for the next year before your lease is up?

They say they didn’t require it but they bribe with lower rent if you sign early.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jan 5, 2024

Certainly, it's within legal bounds for your apartment management to offer a lease renewal before your current lease concludes, provided they've been transparent about the process. This is often done to ensure tenancy continuity. If they've proposed an incentive for early renewal,... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

In general terms an addendum in a contract is a document that is added to an existing contract to modify, clarify, or add to its terms and conditions. It's generally a legally binding amendment used to make changes to the original contract after it has been signed and must be agreed upon by... View More

View More Answers

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: Is an addendum a form of a lease?

A non-resident rents a garage and signed an addendum , then the apartment wants to raise the fee 100%.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Jan 5, 2024

It's essential to review the terms of the contract and the addendum closely. If the agreement specifies a fixed rate for a certain period, any increase that contradicts this would not be permissible. Ensure that the addendum, which is part of the lease, does not grant the landlord the right to... View More

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Utah on
Q: I submitted my lawsuit complaint on November 17 2023 and it’s hasn’t move from there cant I ask the judge for review

Can I ask the judge to speed up case so I could server defendants to be served

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

If you haven't already, consider consulting with an attorney experienced in civil litigation. They can provide guidance on the best course of action, help with drafting and filing any necessary motions, and ensure that your case is being handled efficiently.

Remember, while the legal...
View More

1 Answer | Asked in Landlord - Tenant and Business Law for Utah on
Q: Am I able to create an LLC to rent out a property I own (under own name) through a separate Property Management Company?

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I served a tenant with a 3 day vacate order, for a non criminal offense. Are they entitled to their October rent return

It is not identified in my lease

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: The owners of a home I am renting (yearly lease with 9 months left) want to buy out our lease. What are our rights?

Owners apparently had a change in their financial situation and now want to buy out our lease. Moving would lead to considerable costs.

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a landlord make you take down political signage within the rental unit
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Business Law, Insurance Bad Faith and Landlord - Tenant for Utah on
Q: Covered business claim, landlord is forcing to evict because of utilities

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

Wesley Winsor
PREMIUM
Wesley Winsor
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can my ex landlord keep my deposit just cause she wants to ??

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: In Utah, can a landlord/property manager make you buy their renters insurance, or am I able to get my own?

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I have live with my mother for 12 years now. She is now in a nursing home. Can my brother the trustee evict me?

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Our apartment forgot to charge us for the garage in the lease but still gave us access. Can they ask for money later?

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: I am breaking my lease, can my landlord add this to exit docs forbidding me from leaving bad reviews?

"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

John Michael Frick
John Michael Frick
answered on Aug 29, 2023

Your landlord can ask for this. You don’t have to agree to it

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: What is the Utah code for renters/landlord on rights to terminate a month-to-month lease and time to vacate in utah?

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Real Estate Law, Agricultural Law and Landlord - Tenant for Utah on
Q: can I cancel my rental agreement when I sell my property or does the rental agreement continue on with the new owner

this is a rental agreement on farm ground

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Gov & Administrative Law, Criminal Law and Landlord - Tenant for Utah on
Q: Is it ok that the state of Utah doesn’t have to prove intent to commit a crime, because they assume everyone lies?

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

William Melton
William Melton
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Ladder outside my bedroom window. Is this against a reasonable expectation of privacy?

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

Kenneth Prigmore
Kenneth Prigmore
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

1 Answer | Asked in Landlord - Tenant for Utah on
Q: can a landlord deduct from the security deposit every time you resign?

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?

Kenneth Prigmore
Kenneth Prigmore
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.

1 Answer | Asked in Banking and Landlord - Tenant for Utah on
Q: What are my rights as a tenant when the Landlord illegally withdrawals everything in my checking plus more?

I went to make my rent payment but instead of the payment I requested to make the portal I used withdrew everything illegally

Kenneth Prigmore
Kenneth Prigmore
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.