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Utah Questions & Answers
1 Answer | Asked in Landlord - Tenant for Utah on
Q: Do my husband and I have the right to withhold rent from our landlord in this situation?

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... View More

Kenneth Prigmore
Kenneth Prigmore
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...
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2 Answers | Asked in Immigration Law and Domestic Violence for Utah on
Q: Can I file for vawa on my own or will I need a lawyer

My husband is a permanent resident and I'm out of status. He is very verbally abusive. We were married for 3 weeks and I left after being suicidal and over dosing on sleeping pills. He always uses my immigration status to "get me in line". Threatens to divorce me and tells me that he... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 22, 2022

Yes you should retain counsel to process your VAWA case. Unrepresented parties are not taken very seriously by USCIS.

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1 Answer | Asked in Estate Planning and Real Estate Law for Utah on
Q: Should an LLC be formulated in the state at which I reside or the state in which my rental properties are located?

2 rental properties in Utah in which I am the sole owner, I reside in WA. I formulated an LLC in Utah but never used it \. Would like to reuse that LLC but the address is under a former business partners address that lived in Utah. I am now sole owner of LLC. I already have a seperate bank... View More

Wesley Winsor
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Wesley Winsor
answered on Mar 21, 2022

Best practice is to set up an LLC where the real estate is located. We can update addresses and registered agents as well as ownership information in order to bring your business information current.

If you don't have the LLC in the same state as your real estate you will often have...
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1 Answer | Asked in Criminal Law for Utah on
Q: I violated a plea deal, what should I do?

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Aric M. Cramer
Aric M. Cramer
answered on Mar 18, 2022

Don't talk to the cops - call your attorney right now.

2 Answers | Asked in Real Estate Law and Contracts for Utah on
Q: If my lease is ending do I still need to give my apartment complex 60 days notice before moving out?

My lease ends this month and the apartment complex says that I need to give them 60 days notice that I'm moving out. I've never heard of needing to this. If I have to comply I'll be paying a ton more for a month to month contract which I don't want to do.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 16, 2022

The answer lies in your rental agreement. Does it require 60 days notice?

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1 Answer | Asked in Landlord - Tenant for Utah on
Q: My landlord is finishing our basement in our townhome while we live there, is that legal?

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... View More

Kenneth Prigmore
Kenneth Prigmore
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... View More

1 Answer | Asked in Criminal Law for Utah on
Q: Does this case cover a person who is on probation or parole?

My fiance was arrested with no new charges for absconding. Is there valid reason to search the vehicle? He was in my vehicle, and the vehicle was searched and then impounded, is the search a violation of rights?

Lance E. Bastian
Lance E. Bastian
answered on Mar 10, 2022

The short answer is: maybe. It depends on a several factors. First, when you say absconding, is that from probation or for failure to attend something pre-trial? If it's the former, it will depend in part on the language of his probation agreement. Second, if your fiance was the driver of the... View More

1 Answer | Asked in Landlord - Tenant for Utah on
Q: My landlord says I will receive a fine if garbage cans are taken out before Wednesday and not put back into the garage

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... View More

Kenneth Prigmore
Kenneth Prigmore
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,...
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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Utah on
Q: Do I have to keep paying my rent if the owner won't fix the unsafe water problem?

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... View More

Kenneth Prigmore
Kenneth Prigmore
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.

3 Answers | Asked in Family Law and Adoption for Utah on
Q: Can I adopt my sisters unborn baby?

My sister recently found out she is pregnant and and feels as though she wouldn't be able to handle anymore children. She already has kids but doesn't want anymore. She has asked me and my husband to adopt. My sister is unmarried and says the father doesn't want the baby either.... View More

Mike Branum
Mike Branum
answered on Feb 28, 2022

The short answer is "yes." The long answer is "you need an attorney."

Even though the father "doesn't want the baby," his rights will have to be terminated. He can consent to terminating his rights, but there will need to be an action to do so filed when...
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1 Answer | Asked in Personal Injury for Utah on
Q: If I tripped on a backpack in a dark room when it was not supposed to be there and I got injured can I sue the school?

Came into the room and the teacher had all the lights off so it was dark and I tripped on a backpack when it was not supposed to be there and hit a rail and got injured.

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2022

A Utah attorney could advise best, but your question remains open for two weeks. The best way to answer your question would probably be to reach out to a local attorney to discuss in further detail. While anyone could sue for anything, an attorney could help you evaluate whether you have a case... View More

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: What can I do to ensure that my son's father's assets are properly distributed after his father's recent death?

My 19 year old son's father died 8 days ago, and the mother of the deceased has self-appointed herself executor and claims that the assets need to go to her because her son borrowed money and never repaid her. There was no legal contract for this supposed debt, but she is already trying to... View More

Wesley Winsor
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Wesley Winsor
answered on Feb 24, 2022

If your son wants to assert his authority as personal representative of his father's estate, then he can do so through a probate process. I have pasted the relevant code section below. In addition, if your son doesn't want to do it, he can nominate you serve as his father's... View More

1 Answer | Asked in Divorce for Utah on
Q: In the state of Utah do you get alimony for 15 yr marriage ? When spouse makes over 100,000 dollars
Chase Van Oostendorp
Chase Van Oostendorp
answered on Feb 23, 2022

Alimony is dependent on:

1. The paying spouse's ability to pay;

2. The receiving spouse's need for alimony;

3. The marital standard of living; and

4. Length of the marriage.

Alimony is very much a case by case analysis. I suggest you talk with a...
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2 Answers | Asked in Criminal Law for Utah on
Q: Are there lawyers that specialize in Board of Pardon issues?
Richard W. Noel
Richard W. Noel
answered on Feb 22, 2022

Yes. Generally there are attorneys who help with pardons and board of clemency issues specifically.

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1 Answer | Asked in Family Law for Utah on
Q: Custodial weekend but non custodial holiday on Monday. Does non custodial get full weekend ?
Mike Branum
Mike Branum
answered on Feb 18, 2022

Yes, unless otherwise specified in the Decree or Child Custody Order. According to Utah Code Annotated 30-3-35(2)(e)(i) "[i]f a holiday falls on a weekend or on a Friday or Monday and the total holiday period extends beyond that time so that the child is free from school and the parent is free... View More

1 Answer | Asked in Personal Injury for Utah on
Q: While spraying for pest control at a customers home I fell through their plastic window well covered by snow.

He said the home inspector told him he had to have his winow wells covered so he bought the cheapest he could find. The window well was in an odd corner of the house and I had zero idea it was there because it was covered by snow. I now have major back issues and possible medical bills will follow.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2022

A Utah attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the injuries and the financial burden they have created. In these types of situations, the first go-to source for medical bills would ordinarily be workers' comp insurance. If... View More

1 Answer | Asked in Civil Litigation, Family Law and Child Custody for Utah on
Q: In Utah code 30-3-37 what parent determines summer parent time schedule if parents don't agree. Law that shows this
Mike Branum
Mike Branum
answered on Feb 16, 2022

If it is not outlined in the parenting plan in the Decree or Child Custody Order, the parents must either come to an agreement, go to mediation, or take the matter in front of a judge. I suggest the two of you attempt to resolve the matter. You could suggest that the other party choose which weeks... View More

1 Answer | Asked in Contracts for Utah on
Q: We bought a golden doodle female in March of 2019 and had the option to buy breeding rights or have her spayed within

5 months but did neither. We signed just a generic paper contract but didn’t have a notary or anything. My question is? Can she come after us for not paying the breeding fee and if so would the contract hold anything in court where it wasn’t witnessed or signed by a notary? Thank you for your time

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 14, 2022

Having a notary is better evidence, but it is not required to prove a contract was signed. If you get to court and the judge asks you whether you signed the contract, and you say no, that is perjury, which if proven, can get you some time in jail.

Any communication outside of a contract...
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1 Answer | Asked in Criminal Law for Utah on
Q: What can and can’t AP&P do in Utah?

If AP&P and assisting officer searched a parolees room and led to an arrest, can AP&P then reach out to their friend who is former law enforcement (who was romantically involved with parolee) about the arrest? Can they also pick up the parolees belongings from the Inn they were staying at... View More

Aric M. Cramer
Aric M. Cramer
answered on Feb 13, 2022

Thiis is a Power of Attorney or Family Law question. Please post it those forums.

1 Answer | Asked in Estate Planning and Tax Law for Utah on
Q: Who pays thetax on income received to House in a family trust?

Father put house into trust with me and sister as trustees and now has passed. There is income paid to the house so it pays the mortgage $500 in $500 out. Does the house count it as income or would me and my sister take care of it on our taxes? The trust has an IEN tax number already?

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2022

You need to review this with a CPA, but most likely the trust became irrevocable when your father died and is, therefore, a separate taxpayer that is now obligated to file annual income tax returns the same as you are. As such, the income "belongs" to the trust and is reportable on its... View More

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