Utah Landlord And Tenant Legal Questions

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101 legal questions have been posted about landlord and tenant law by real users in Utah. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Utah Landlord And Tenant Questions & Legal Answers - Page 2
Do you have any Utah Landlord And Tenant questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 101 previously answered Utah Landlord And Tenant questions.

Recent Legal Answers

Can my landlord do another walk through/inspection without written notice?

Answered 12 years and 4 months ago by Georges Herman Shers (Unclaimed Profile)   |   2 Answers
He has to give you proper written notice.
He has to give you proper written notice.

Can I disconnect the utilities after the vacate day if they have not moved out?

Answered 12 years and 5 months ago by Erven T. Nelson (Unclaimed Profile)   |   5 Answers
Your mother-in-law should proceed with the sale. To do so, she will need to evict them now. That is the only way to get them out legally. Then, she could turn off the utilities. But, she probably will want to keep them on to show the house.
Your mother-in-law should proceed with the sale. To do so, she will need to evict them now. That is the only way to get them out legally. Then,... Read More

Can my landlord be held liable for a portion of my gas bill for having secretly tying in another tenants use to mine?

Answered 12 years and 5 months ago by John F Brennan (Unclaimed Profile)   |   5 Answers
Yes, and if you are month to month you can plan on moving as well. How much money is involved? Is it worth the attorney's fees? Sounds like a cash flow issue with the landlord. Agree on an amount and a discount of your rent until it is paid off.
Yes, and if you are month to month you can plan on moving as well. How much money is involved? Is it worth the attorney's fees? Sounds like a cash... Read More

Can my landlord be held liable for a portion of my gas bill for having secretly tying in another tenants use to mine?

Answered 12 years and 5 months ago by Frances Ann Headley (Unclaimed Profile)   |   5 Answers
Yes, you can but be prepared to start to look for somewhere else to live. Although retaliatory eviction is against the law, the atmosphere you may have to endure if you stay there could be unbearable.
Yes, you can but be prepared to start to look for somewhere else to live. Although retaliatory eviction is against the law, the atmosphere you may... Read More

Can my landlord be held liable for a portion of my gas bill for having secretly tying in another tenants use to mine?

Answered 12 years and 5 months ago by Ronald Daniel Dessy (Unclaimed Profile)   |   5 Answers
Yes, you should file a small claims action against your landlord to recover the excess utility charges you wound up paying.
Yes, you should file a small claims action against your landlord to recover the excess utility charges you wound up paying.

Can we file a lawsuite against an apartment complex if their gate is not working that caused harm to my daughter?

Answered 12 years and 5 months ago by James T Weiner (Unclaimed Profile)   |   5 Answers
Very difficult question.. the main thing would be would it have happened if the gate was working? There must be causation and an intervening criminal action was not reasonably foreseeable there is no recovery.
Very difficult question.. the main thing would be would it have happened if the gate was working? There must be causation and an intervening criminal... Read More

Can we file a lawsuite against an apartment complex if their gate is not working that caused harm to my daughter?

Answered 12 years and 5 months ago by Francis John Cowhig (Unclaimed Profile)   |   5 Answers
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced personal injury attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.... Read More
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that... Read More

What are my rights if a landlord makes false promises and is now kicking us out?

Answered 12 years and 5 months ago by John F Brennan (Unclaimed Profile)   |   2 Answers
Go to an attorney and explain your situation, the details, review of the writings and your allegations for an opinion as to whether the landlord is within his rights. There is no means to form an opinion without all of the facts.
Go to an attorney and explain your situation, the details, review of the writings and your allegations for an opinion as to whether the landlord is... Read More

With two forged signatures, is the lease agreement still legal and binding?

Answered 12 years and 6 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   1 Answer
It is binding on you but not your father.
It is binding on you but not your father.

If the person I'm renting a room to doesn't pay rent, can I sell his things?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers
No, you cannot sell his things to get your rent money.
No, you cannot sell his things to get your rent money.

If the person I'm renting a room to doesn't pay rent, can I sell his things?

Answered 12 years and 7 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   2 Answers
No you can sell his stuff without give him a until you have given him a three day notice (utah law) and follow the eviction process
No you can sell his stuff without give him a until you have given him a three day notice (utah law) and follow the eviction process

If I get 75.00 per month in my rent for electricity, and only use 49.00, can my landlord keep the extra 26.00?

Answered 12 years and 7 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   2 Answers
What doe you lease say? Generally you do that so your rent doesn't change every month. If you want to get equally billing more exact ask the power company or negotiate a lower rate next lease.
What doe you lease say? Generally you do that so your rent doesn't change every month. If you want to get equally billing more exact ask the power... Read More

If I get 75.00 per month in my rent for electricity, and only use 49.00, can my landlord keep the extra 26.00?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers
What does the lease say? If the lease says he can keep it, he can keep it.
What does the lease say? If the lease says he can keep it, he can keep it.

Can we withhold rent due to a roach infestation because of an insulation issue?

Answered 12 years and 7 months ago by Erven T. Nelson (Unclaimed Profile)   |   2 Answers
You should give the landlord written notice of all of the problems and keep a copy of the letter. Say that you are either going to move out, or pay to fix everything and deduct the costs from the rent.
You should give the landlord written notice of all of the problems and keep a copy of the letter. Say that you are either going to move out, or pay... Read More

Do I have to give this item back when they don't ask for anything else?

Answered 12 years and 7 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   1 Answer
Many homes are rented out furnished. If you don't have evidence that the property was transferred to you as a gift or for some sort of consideration, you are unlikely to win this argument.
Many homes are rented out furnished. If you don't have evidence that the property was transferred to you as a gift or for some sort of consideration,... Read More

Can a lien be placed on a 401k?

Answered 12 years and 7 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   1 Answer
If your tenant files for bankruptcy, your claim for unpaid rent can be reduced or wiped clean completely. It will not matter what liens you have filed. I have never heard of a lien filed on a 401K.
If your tenant files for bankruptcy, your claim for unpaid rent can be reduced or wiped clean completely. It will not matter what liens you have... Read More

What do I have to do to get my 38 year old son to move out?

Answered 12 years and 7 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   4 Answers
First, if your son is dangerous, call the department of child and family services or the police. If you are in danger, they will normally ask your son to leave immediately. If you are not in danger, you may have to evict your son. If he is not paying rent, the eviction rules are different and too complicated to describe in one post. If at any time you do not feel safe, call 911 immediately and ask for someone to come to your home to invite your son to leave or be arrested.... Read More
First, if your son is dangerous, call the department of child and family services or the police. If you are in danger, they will normally ask your... Read More

What do I have to do to get my 38 year old son to move out?

Answered 12 years and 7 months ago by Francis John Cowhig (Unclaimed Profile)   |   4 Answers
You will have to serve him with a written 30 notice to quit (leave) and then, if he still does not leave, you will have to file an unlawful detainer (eviction) action in court and get a judgment against him.
You will have to serve him with a written 30 notice to quit (leave) and then, if he still does not leave, you will have to file an unlawful detainer... Read More

What do I have to do to get my 38 year old son to move out?

Answered 12 years and 7 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers
File a petition to have him evicted. Or wait until he is out drinking, box up his stuff, put the boxes out front and change the locks. Depending on where you live, that might work.
File a petition to have him evicted. Or wait until he is out drinking, box up his stuff, put the boxes out front and change the locks. Depending on... Read More

What do I have to do to get my 38 year old son to move out?

Answered 12 years and 7 months ago by William Joseph Bidwell (Unclaimed Profile)   |   4 Answers
File a notice to quit and then file a complaint with the district court for eviction/re-possession. The court will set a hearing date. Your son will have 30 days after the hearing to move out. If he fails to move, the sheriff will come and remove him.
File a notice to quit and then file a complaint with the district court for eviction/re-possession. The court will set a hearing date. Your son... Read More

What can I do if the owner filed a false complaint to shield their offenses?

Answered 12 years and 7 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   2 Answers
It is difficult to determine what your question is. You sound like you may have damages you can sue for, however, you will need to go to an attorney to sort it out.
It is difficult to determine what your question is. You sound like you may have damages you can sue for, however, you will need to go to an attorney... Read More

What can I do if the owner filed a false complaint to shield their offenses?

Answered 12 years and 7 months ago by William Joseph Bidwell (Unclaimed Profile)   |   2 Answers
The police/district attorney must charge a person with filing a false complaint with the police department. It appears that unlawful entry occurred when the landlord wrongfully padlocked your door. Given the apparent disdain you have for each other, perhaps the landlord will agree to terminate the lease and return any deposit.... Read More
The police/district attorney must charge a person with filing a false complaint with the police department. It appears that unlawful entry... Read More

Do I have a valid case to hire an attorney?

Answered 12 years and 8 months ago by Mr. Kenneth A Prigmore (Unclaimed Profile)   |   1 Answer
You may have a case. Take what evidence you have to an attorney, who will normally review your case for free to determine whether they can help you.
You may have a case. Take what evidence you have to an attorney, who will normally review your case for free to determine whether they can help you.

What can I do if my homeowner's association is fining me $100 because I didn't have my dryer vent cleaned in the year?

Answered 12 years and 8 months ago by Georges Herman Shers (Unclaimed Profile)   |   3 Answers
You can tell the Board orally why you are upset, but they will likely not change their minds and their is nothing worthwhile doing. I have to presume they had some valid reason, even if out weighed by other factors, for rejecting the prior cleaning.
You can tell the Board orally why you are upset, but they will likely not change their minds and their is nothing worthwhile doing. I have to... Read More

If we have deeded rights to the property, how do we go about selling it?

Answered 12 years and 8 months ago by Lisa Hurtado McDonnell (Unclaimed Profile)   |   3 Answers
No, they just have know the agreeing the the bylaws when they purchase the property.
No, they just have know the agreeing the the bylaws when they purchase the property.