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Utah Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Utah on
Q: After being served an eviction and given a date. Do we forfeit the right to sell our mobile home?

The house is ours no lean

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

In the eyes of the state, a mobile home is a vehicle. That is why you have a vehicle title to the home when you own it. If you are being evicted from the mobile home park, they either have a problem with you or your mobile home, or both.

If you own the mobile home, selling it is always a...
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1 Answer | Asked in Civil Litigation, Real Estate Law, Landlord - Tenant and Small Claims for Utah on
Q: I paid rent the past 6 months without a lease and I can prove that can I sue for being locked after paying rent

I paid rent on the 15 I was locked out and my room was broke into everything taken from it along with my safe broke open and emptied I had a dead bolt that only I had the key to. What cAn I do if I had no lease but te ts from roommate that renterd to me that contain rental agree ments and video of... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

If you can't afford an attorney, go to www.utahlegalservices.org. They will represent you if you qualify.

Once the police choose to back out of the situation, your only option is to sue the landlord.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Utah on
Q: UT. Only I singed the lease. Landlord's info not present. Paid a deposit and one months rent. Is the lease still binding

I was told I'd be able to use the private hot tub on property. Being denied access. Hot tub not mentioned in lease. Lease not signed by anyone but myself. Can I move out without penalty and get my deposit back?

Kenneth Prigmore
Kenneth Prigmore answered on Nov 6, 2020

If you sign the lease, and give the landlord a copy, he is in control of whether the lease is valid. If you sue to enforce the lease, the landlord can argue he never signed it and that you are on a month to month tenancy. If the landlord wants to enforce the lease, he can hand you a signed copy and... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: Is it legal for my landlord to keep coming in my backyard without 24 hour notice?

My landlord keeps coming into my backyard without notice and then demanding me do certain things to the lawn or else they will charge me 300$ while only giving me a day or 2. I never get an inspection notice. When a new tenant moved into the basement apartment, they decided to divvy up the yard... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 4, 2020

The Landlord is legally required to follow the lease you signed with them. An agreement between the landlord and an additional tenant cannot change your lease.

If the landlord refuses to follow the lease you signed with them, you have the right to terminate the lease and move. You could try...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Are landlords responsible for replacing carpet on exterior of unit if there’s an excessive amount of bird excretion?

When I moved in I had my apartment manager replace the carpet on my units balcony as there were copious amounts of bird excretion that I could not clean. I thought it was just ruined from years of buildup but within a few months my balcony was again covered in bird excretion to the point where I... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

Most of your relationship with your landlord is controlled by your rental agreement. If you find a provision that says they must clean things up, you can demand they clean them up. If they refuse, you have a reason to quit the lease early.

If you don't have a provision in a lease to...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can I get brought to court on a 4 year old lease for problems found after and inspection. What can I do.

We lived in Utah 4 years ago. We did a final move out inspection with no discrepancies. The other day we received a text message that we owed money for cleaning and paint repair. They are threatening to turn over the info to an attorney which will affect my credit. They have not contacted us in... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 2, 2020

Utah State Code 78B-2-305(1) says that a party (like a landlord) may only sue for damage to the home/apartment within 3 years.

https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html?v=C78B-2-S305_1800010118000101

It's possible the text is someone who learned a little of...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: How long do I have to file a small claims case against my landlord about my security deposit they failed to return
Kenneth Prigmore
Kenneth Prigmore answered on Sep 30, 2020

Here's some details on how to sue for a security deposit: https://le.utah.gov/xcode/Title57/Chapter17/57-17-S3.html

As for timing, I believe it is four years based on this statute: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html?v=C78B-2-S307_2017050920170509

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: I'm a land owner of manorlands housing association fighting for my rights while a lien has been put against land..
Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

You are writing from Wyoming, and this is the Utah board, so we can only answer questions regarding property in Utah. Owning property in a HOA is a gamble as you get the benefit of controlling what happens in your HOA according to the rules, but if you ever cross the rules, you may have problems of... Read more »

1 Answer | Asked in Landlord - Tenant for Utah on
Q: In Utah, with a month to month contract, no violations, can a landlord kick me out with 15 days notice move out?

they say it's because the potential buyers don't want me in there by the beginning of next month?

Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

A landlord can terminate a month to month tenancy if they give you 15 calendar days notice before the end of the month.

Month to month means you don't have a contract that forces the landlord to allow you to stay longer.

1 Answer | Asked in Landlord - Tenant for Utah on
Q: can be kicked out of the house I'm renting for legally taking my prescribed medications

My prescriptions are subutex and xanex

Kenneth Prigmore
Kenneth Prigmore answered on Sep 8, 2020

If the only thing the landlord is evicting you for is taking prescribed medications, then no they don't have this right and you will win in court.

If you have any other issues, such as behavior issues resulting from the medications that put people or their property in danger, you can...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: No Lease agreement, been doing auto month to month without any lease for 14months. Do I have a lease? Can I be evicted?

Last written legal lease document and agreement was almost 14 months ago and been doing automatic month to month rental payments to a privately owned and operated landlord(his only unti) who gave us a 30 day heads up in a text message casually stating that they were going to sell the house and... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jul 24, 2020

If you feel the landlord has no cause for eviction, you must be paying rent on time. In that case, it sounds as if you are able to afford rent at a new location. One month is normally plenty of time to find a new location.

If you are unable to pay rent, contact United Way: (801) 374-2588....
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can someone be evicted during covid for " no cause" if they are disabled and no where to go, money, or have help?
Kenneth Prigmore
Kenneth Prigmore answered on Jul 24, 2020

If you are unable to pay rent, it would be unusual for you to be able to avoid eviction.

If you cannot pay rent, there are several resources in Utah that can help you. One is United Way. Call them to see if they can help: (801) 374-2588. They will also be aware of the many other resources...
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1 Answer | Asked in Landlord - Tenant for Utah on
Q: Can a tenant sue a landlord for incomplete repairs if there is no lease?

The tenant is rude/ disrespectful and no longer pays rent and when asked to leave he threatens to sue for a leak when it rains

Kenneth Prigmore
Kenneth Prigmore answered on Jul 21, 2020

Judges have no patience for a tenant that does not pay rent. They must first pay rent, then if there is an agreement, they can sue for fulfillment of the agreement. If there is no agreement, they have little to sue for. The property conditions would have to be pretty bad for them to be able to... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Utah on
Q: My lease expired June 1, 2020 now on month to month. Served a 3 day pay or vacate. Do I have 3 days or 15 to vacate?
Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

You should look at your lease agreement, but typically you have to give 30 days notice before someone can terminate the lease.

So, it automatically renews if no one has given notice of "non-renewal of lease" for another 30 days. Unless you haven't paid rent, he...
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1 Answer | Asked in Contracts and Landlord - Tenant for Utah on
Q: My landlord threatened to end our lease agreement although it doesn't say anywhere in the contract that he can do that?

he doesnt want to fulfill what's in the contract. He gave me options whether I stop asking him for things based on the contract or he will take me to court and exercise the letter of law. I am a paying tenant, I never pay my rent late, even during my business' shutdown due to COVID19. I... Read more »

Wesley Winsor
Wesley Winsor answered on Jul 13, 2020

Hello,

I am sorry that you are in this situation. I am not sure that you have a question in your comments. It does sound like you are on the right side of the law and you could start enforcing the breach of contract actions that are most likely listed in your agreement. Maybe there is a...
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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

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