Utah Landlord And Tenant Legal Questions

Yes, you can. You should have been told about your appeal rights. If you cannot afford an attorney, you may qualify for free legal services. You can find out more from the Lawyer Referral Service if you are indeed in Wisconsin. Many inquiries here which say they are from Wisconsin actually aren't.... Read More

In general, a landlord is required to take reasonable steps to re-let an apartment after the tenant breaks her lease.  This is called mitigation of damages.  Often, it makes sense for the tenant to cooperate in finding a new tenant to minimize the amount that she is liable for.  The landlord can pursue the tenant for rent up to the point of finding a new tenant, as long as their efforts to re-let the apartment were reasonable.  Whether requiring a 650 credit score is reasonable is an open question.  I would think that the requirement severely restricts the pool of potential tenants, and whether that is appropriate probably depends on the complex. As for the costs they are citing for "removing" someone from the lease,  that would absolutely be governed by the terms of the lease.  Those terms may include terms from other documents that you were given at the same time, depending on whether the contract restricted additional terms.  If the $200 per person fee is nowhere to be found, then I would view the statement as an offer to terminate the lease in exchange for the payment.  In that case, you need to consider whether it would be more favorable than your potential exposure for future rent. It may be helpful to have someone look at your paperwork.  If you are in the Salt Lake City area, there are a couple of different free legal clinics for people whose income qualifies them for assistance.  The "Tuesday Night Bar" is by appointment only.  Call (801) 297-7037.  The "Street Law" clinic is on a walk in basis at 1234 Main Street every Tuesday at 5pm.  Good luck.  ... Read More

The answer depends somewhat on the terms of your lease agreement.  If there are specific terms in the contract addressing the method of calculating costs, and his obligations to repair any damage, then those terms may impact just what and how much you are entitled to recover. In general, however, you would be entitled to recover the reasonable costs incurred in returning the premises to the condition that it was in when he took possession.  It appears that this would include (1) labor and materials to repair the shoddy dish installation (and possibly for removal and re-installation of the previous dish), (2) labor to clean up the dog poop, (3) labor and materials to repair any damage to the flooring, lawn and/or patio caused by the dog, and (4) either the cost to replace the trees or the value of the mature trees (see a landscaping contractor for both). If the damages are high enough, and the ex-renter refuses to pay, you may want to consult an attorney about your options, which may include bringing him into court for breach of contract and property damage.  Good luck.... Read More

Pursuant to Florida Statute Chapter 83 . The length of notice given to the landlord and tenant is the equivalent to the length of the lease term. For example if the lease term is seven days you have to give seven days notice. So yes your tenant should have given you thirty days notice. You can hold them liable for next month's rent but you have to figure out if it'd worth pursuing.... Read More

You should have left well-enough alone. If your lease was silent on the pet issue, you probably could have gotten away with getting a pet. However, since you formally asked for permission (in writing) and permission was formally denied (in writing), there is now a potential dispute. A court might not be sympathetic since you now know it would be against policy. I would suggest moving elsewhere after the lease is up, if you want a dog. Good luck.... Read More

Unfortunately you have several issues here..Is your living in the apt without being on the lease a breach? (I assume you are a subtenant ... have an agreement with the person who is liable on the lease to sublease the apt)Is the landlord evicting you for non-payment of rent? Can you pay current rent? If not it is unlikely that you will be able to continue and I advise you to find a cheaper apt that you can afford.... Read More

In most standard leases you are allowed to charge a fee for damages beyond "normal wear and tear." Heavy smoking could definitely be construed as being beyond normal usage of the property, so you should be allowed to charge for your actual cleaning costs. Make sure you get a receipt from your cleaning service and/or from whomever you purchase the new carpeting to back up whatever charges you pass on to the tenant. You may give the tenant the opportunity to find a less expensive (but still acceptable) alternative, in case you are worried about collecting. Good luck!... Read More

This situation is covered by Utah Code Section 78B-6-816, which provides in relevant part: (2) (a) If the tenant has abandoned the premises and has left personal property on the premises, the owner is entitled to remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs from the tenant. (b) (i) The owner shall make reasonable efforts to notify the tenant of the location of the personal property. (ii) If the property has been in storage for over 30 days and the tenant has made no reasonable effort to recover it, the owner may: (A) sell the property and apply the proceeds toward any amount the tenant owes; or (B) donate the property to charity if the donation is a commercially reasonable alternative.... Read More