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Utah Landlord - Tenant Questions & Answers
2 Answers | Asked in Collections, Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Utah on
Q: Is it legal for a repossession company to tow with someone inside the vehicle in Utah?

In Ogden, Utah, a repossession company towed my vehicle for a couple of feet while I was still inside it, and police officers were present but did not intervene. They mentioned that they couldn't do anything after the fact and attempted to get me out of the car, but I refused. Is it legal for... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2025

A couple of feet? The reason that people cannot ride in a towed vehicle, trailer, etc., is because of the possible catastrophic consequences of an accident involving the towed item. You were in no danger whatsoever, and indeed it was your fault for interfering with the repossession agent in the... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I sue the apartment on a small claim for not fixing my dishwasher when I moved in and they won't fix it.

I moved into an apartment in September and submitted three requests for a dishwasher repair, but it was never fixed. The manager then said there was nothing they could do about it. Knowing the dishwasher was truly broken, I hired a professional to fix it, which they did, and then billed me. I paid... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 10, 2025

The ability to sue your landlord or apartment complex for the cost of repair and partial rent refund depends largely on the terms of your lease or rental agreement, as well as the specific circumstances surrounding the repair. Here's what you should consider:

Lease Agreement: Carefully...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Have lease, expires May 2025. Landlord wants to sell and has ordered to vacate. Do they have to financial compensate. UT

Landlord won't respond and has ordered to vacate in a week. Causing duress and worry as this would put me homeless with 2 dogs. Wants to sell but have a lease till 2025. What recourse do I have? I know she must honor the lease but it's a form of harassment as she keeps calling and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In Utah, if you have a valid lease that doesn't expire until May 2025, your landlord generally cannot force you to vacate the property before the lease ends, even if they want to sell the property. The lease is a legally binding contract, and the landlord must honor it.

However, there...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: I am a Pro Se Defendant a Reply and Submit For Decision have been submitted to the court by the Plaintiff. Options?

I filed my response to the Motion For Summary Judgment and as I said the Reply and Submit For Decision have been filed. Is there anything I can do at this point to stop this Summary Judgment? Can I file to have the case dismissed or respond to the reply? Can I request a hearing? Do I just simply... View More

James L. Arrasmith
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answered on Mar 31, 2024

As a pro se defendant, you have a few options at this stage, but some may be limited depending on the court's rules and the specifics of your case. Here are some potential steps you can consider:

1. Motion to Strike: If the plaintiff's reply contains new evidence or arguments that...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: court today on staking Injunction. I got attacked on 11/17/23 at my apt by neighbor. I got kicked out. From housing

Housing authority I got the staking Injunction before they were going to kick me out. Instead they were going to keep her there. But kick me out. How can I use this in court today.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about the attack and the difficult situation you're facing with housing. Here are a few points that may be helpful as you prepare for court today regarding the stalking injunction:

1. Emphasize your safety concerns: Highlight that you were the victim of an attack...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: Anything I should be doing after Plaintiff replied and Submitted for Decision after my Response Opposing Sum. Judgment.
James L. Arrasmith
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answered on Mar 30, 2024

After the plaintiff has replied and submitted the case for decision following your response opposing summary judgment, it's important to stay engaged and prepared. Keep in close communication with your legal representative to understand the next steps. They may advise on whether additional... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: Can I renegotiate a lease before it’s expired?

My husband wrote a 3 year lease. We just got divorced. Can I renegotiate the terms and get his name off the lease? The HOA increased and the rent does not cover all cost associated with the property. Is there anyway I can change the lease to a yearly lease? Or increase the rent to cover the... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 26, 2024

Landlords may consider renegotiating a lease to adjust terms, such as increasing rent, but it's crucial to remember that tenants are not obligated to consent. This is because tenants currently hold an enforceable contract. Alterations to the lease terms require mutual agreement unless the... View More

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
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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%.

Wesley Winsor
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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

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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

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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
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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...
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Q: Legal steps for neighbor's camera and harassment in Utah?

I am experiencing issues with my neighbor, who has a security camera pointed directly at the middle of my backyard from their second-story window. This situation has intensified after a 9-year-old girl from their family made false accusations against me, which her family believes. Despite trying to... View More

James L. Arrasmith
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answered on Jun 14, 2025

It’s completely understandable that this situation is taking a toll on you, especially when it involves both privacy concerns and emotional strain. In Utah, there are few specific laws limiting the direction or placement of home security cameras unless they are used to intentionally invade a... View More

1 Answer | Asked in Employment Law, Landlord - Tenant, Contracts and Real Estate Law for Utah on
Q: Is it legal for Utah employee housing to restrict kitchen access after work hours?

I live in employee dorms for a seasonal job at a restaurant in Utah. The employee kitchen, which I'm supposed to have access to, recently had its closing hours shifted to 10:00 PM because it wasn't being kept clean by the approximately 50 residents. My shift ends at 10:30 PM, leaving me... View More

James L. Arrasmith
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answered on Jun 12, 2025

It sounds like you're in a difficult situation regarding kitchen access in your employee housing. Since the housing contract states there should be access to the kitchen but doesn't specify hours, it may not be clear whether the restriction is legally permissible. Generally, if the... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Utah on
Q: Do I have to pay rent past lease end due to late notice in Utah?

My roommates and I sent a notice to vacate to our landlord via email, but it wasn't 60 days prior to the lease end date of June 17, 2025. We're planning to move out when the lease ends, but the landlord wants us to pay rent until July 22, 2025. According to the lease terms, we're... View More

James L. Arrasmith
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answered on Jun 1, 2025

It’s understandable that you want to move out at the end of your lease and not be charged for time you won’t be living there. However, if your lease clearly states that a 60-day written notice is required, and you provided that notice less than 60 days before the lease ends, the landlord may be... View More

1 Answer | Asked in Landlord - Tenant, Consumer Law and Real Estate Law for Utah on
Q: Charged late fee despite full rent payment by unusual processing delay.

I've been a tenant for almost four years and never been late on rent until now. My rent is due on the 5th every month. However, this month the 5th was on a Saturday, and I didn't realize my online check wouldn't process until the 8th. I had concerns about delays in transferring money... View More

James L. Arrasmith
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answered on May 15, 2025

You’ve done everything a responsible tenant should do—communicate, act in good faith, and try to avoid a problem before it happened. After four years of on-time payments, it’s frustrating to be penalized over a one-time delay caused by weekend timing and payment processing, especially when... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Utah on
Q: Can I report unauthorized maintenance entry without notice?

I was at home and chose not to answer the door when a maintenance worker tried to enter without notice. Having had issues with the landlord at my doorstep previously, I didn't feel comfortable answering. The maintenance worker used a key to unlock the door and attempted to open it, but I... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you absolutely have the right to report this incident. Even if maintenance has a key, they cannot legally enter your unit without proper notice—usually 24 hours in advance—unless it's an emergency, like a fire or serious water leak. If your lease doesn’t clearly give them permission... View More

1 Answer | Asked in Family Law, Landlord - Tenant, Civil Rights and Real Estate Law for Utah on
Q: Living in condo without formal HOA rules; charged for unknown violations

I have lived in a family-owned condo in Utah for about 7 years, initially placed here by my brother, who covered my living and medical expenses. After his passing, his daughter, who now handles my expenses, told me a few months back that I need to take over the overdue power and gas bills.... View More

James L. Arrasmith
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answered on Mar 27, 2025

You're facing a challenging situation that touches on several legal areas including property law, contract law, and possibly elder law.

Based on what you've shared, you likely aren't personally responsible for HOA fines since you aren't the property owner - these...
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1 Answer | Asked in Landlord - Tenant and Civil Rights for Utah on
Q: Excessive noise from new tenants upstairs, management refused lease renewal, accused wife of racism.

I have been living peacefully in my apartment for 15 years. Recently, new tenants moved in upstairs, and their excessive noise has become unbearable, requiring constant adjustments in our home. Although we contacted management last week about this issue, it has worsened, and they have now stated... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation is deeply troubling, especially after being a model tenant for 15 years. The sudden refusal to renew your lease following legitimate noise complaints could potentially be retaliatory action, which is prohibited in many jurisdictions. The racism accusation adds another troubling... 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
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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

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