Free Utah Landlord/Tenant FAQs | Free Utah Landlord/Tenant Legal Documents

Are Special Considerations Given For Tenants In Mobile Homes?

Mon, 04 Jun 2007 21:51:22 GMT

There are different rules that apply to the owner of a mobile home who is renting the space that the mobile home rests on. If the tenant simply rents a mobile home, all the same rules apply as if they were renting an apartment. Also, many of the general landlord and tenant rules apply to the owner`s of mobile homes. However, the eviction procedures of the owner of a mobile home are different in some ways.

The forms generated by this program may still be useful to a mobile home park, or to the owner of a mobile home, but you should first examine the law or consult with an attorney to be sure you have the correct forms.

Are Special Considerations Given For Tenants Who Receive Subsidized Housing?

Mon, 04 Jun 2007 21:51:22 GMT

Tenants who receive a subsidy from the government to help pay their rent, or who live in buildings operated under a federal program, have special rights that are explained in the Code of Federal Regulations. If a tenant is subsidized by the government, the forms provided by this program will most likely be useful to both that tenant and the landlord, but if you have questions about the different rules that apply, you should contact an attorney, or Utah Legal Services if you are a tenant, or the Apartment Association if you are a landlord.

How Do I Break My Lease?

Thu, 27 Mar 2008 08:07:47 GMT

There is never a completely safe way to break a lease. If you feel you have a good reason to break your lease, like the conditions in your apartment are bad, you still take a risk when you move out before your lease has expired. If your landlord sues you for rent or damages after you leave, it will be up to a judge to determine whether you had a good enough reason to break your lease. To protect yourself if you do break the lease, you should give the landlord as much notice as possible that you are moving. Your landlord has a duty to try to rerent the apartment. After you move, watch the paper for ads, and keep an eye on the property you vacated. Once someone moves in, you are no longer responsible for the rent because your landlord cannot collect rent twice for the same apartment. The landlord can collect the difference between the old rent and the new rent, under certain conditions.

How Do I Evict A Tenant?

Tue, 29 May 2007 21:19:00 GMT

The eviction process in Utah is a threestep process.

The landlord must serve an eviction notice.
If the notice is not obeyed, the landlord must file a court action, giving the tenant an opportunity to present defenses in court.
If the judge rules for the landlord, the judge will enter an order to have the tenant evicted by a sheriff.

The law says that a landlord must follow the law closely in order to evict a tenant.

You may complete the documents required to initiate an eviction using the Online Court Assistant Program. Click here to begin.

How Do I Respond To An Eviction?

Tue, 29 May 2007 21:19:00 GMT

Be aware that if your landlord tries to evict you for a good reason, the fact that you have a baby, are pregnant, just lost your job, or you have nowhere to go will not prevent a judge from evicting you. Also, if you stay after an eviction notice, you could be liable for three times the daily rent for the days you stay there after the notice expires. Here are some general tips:

The first step in an eviction will be the service of a summons and complaint. The summons notifies the tenant that they are being sued and that to protect his or her rights, they should answer (reply) within a specified period. The complaint explains the lawsuit and tells the landlord`s side of the story.
You may wish to contact a lawyer in order to answer the summons. If you do not answer the summons, you will lose the right to state your version of events and a judge may issue a default judgement in favor of the landlord.
If you must prepare the answer yourself, try to take it paragraph by paragraph, assessing whether or not you agree with each statement in the complaint. Next, make two copies of your answer and give the original to the court listed at the top, and send a copy to the landlord or the landlord`s attorney.

You may complete the documents required to respond to an eviction using the Online Court Assistant Program. Click here to begin.

I Received An Owner's Possession Bond, What Are My Options?

Tue, 29 May 2007 21:19:00 GMT

An Owner`s Possession Bond is served after the tenant as answered the complaint. If you have received this, your available options are:

If, within three days of the service of the notice, all accrued rent and costs are paid, then the renter may have the complaint dismissed. This applies only if the eviction action is based solely upon nonpayment of rent or utilities.
The tenant may remain in possession of the premises if the tenant files with the court a Counter Bond within three days of being served with the notice of owner`s possession bond. The tenant`s counter bond is approved and filed in the same manner that the landlord obtained its possession bond.
The tenant, upon written demand, shall be granted a hearing to be held prior to the expiration of three days from the date served with the notice of owner`s possession bond. The purpose of this hearing is for the court to determine if the tenant should remain at the property pending the resolution of further issues of the case.
If the tenant demands and receives a hearing and the judge finds that all issues between the landlord and tenant can be resolved without further court proceedings, a judgment is entered at that time. If at the hearing the judge allows the tenant to remain in possession of the property until further issues are resolved at a later date, the judge must require the tenant to post a bond in the same manner as the tenant`s counter bond.
If the tenant elects to not comply with any of the three remedies, the landlord may request of the court an Order of Restitution. The order is issued to the sheriff or constable to forcefully evict the tenant. This Order of Restitution is issued and served prior to the entry of a judgment.

The time prescribed for either party to appeal a judgment in an eviction case is ten days, with the exception of a nuisance case which is three days.

Once I Rent A Property, Do My Rights To Access Change?

Tue, 29 May 2007 21:19:00 GMT

Once a landlord rents a property, he gives up the right to enter the property at any time. A landlord should give a tenant at least 24 hours written notice in order to enter the property for any nonemergency reason. If possible, a landlord should talk to the tenant and work out a time that is acceptable to both and put that time in writing.

Should I Accept Partial Rent Payments Or Payments After Notice Is Served?

Tue, 29 May 2007 21:19:00 GMT

In the normal course of business, you can accept partial rent payments if you wish, and then serve a nonpayment notice for the remainder of the rent that is due, or make an agreement with the tenant as to when the remainder will be paid. Be cautious however, in accepting partial payments after you serve a nonpayment notice. You must of course accept the payment of the full amount due, but if you accept a partial amount of rent, be aware that you should then serve a new eviction notice before proceeding with an eviction.

What Are My Responsibilities As A Landlord?

Tue, 29 May 2007 21:19:00 GMT

Comply with all health and building codes that apply to the property.
Make requested repairs in a prompt manner.
Maintain peace and quiet. You should ensure that the tenant can live on the property in peace, without unreasonable disturbances from you or other tenants.
Give fifteen days written notice of any change in a month to month agreement, such as rent increases.
Abide by the lease agreement.
If you feel the eviction process is necessary, be sure to follow the legal eviction process.

What Are My Responsibilities As A Tenant?

Tue, 29 May 2007 21:19:00 GMT

Pay your rent on time. As a tenant it is your responsibility to pay your full rent on time.
Take care of property. You must take reasonable care of the property you are renting. When you move, the place must be left in the same condition that your received it, less normal wear and tear.
Notify landlord when away. Let your landlord know when you are going to be out of town or away from home for an extended period of time.
Inform your landlord of needed repairs. Inform the landlord, in writing, of needed repairs.
Keep noise level down. Be considerate of other renters and neighbors by keeping the noise level down in your home.
Abide by the lease agreement. Read your lease before your sign it and discuss any concerns you have with your landlord as your must abide by all provisions of the agreement.
Give notice before moving. Unless otherwise specified in your lease, give 15 days written notice before moving.

What Are My Rights As A Landlord?

Tue, 29 May 2007 21:19:00 GMT

As a landlord, you have the right to expect full payment of the rent on time, so long as the premises you have rented are in good condition.
The tenant should let you know when they are leaving town for an extended period of time.
A tenant should request repairs in a timely manner and in writing.
A tenant must abide by all the provisions of the signed lease agreement.
A tenant must provide 15 days written notice before moving, unless the lease specifies another time frame.

What Are My Rights As A Tenant?

Tue, 29 May 2007 21:19:00 GMT

A safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the place your are renting.
Privacy and peace and quiet. A landlord can enter the premises at reasonable times for repairs and inspections, but should notify you first. You have the right to tell a landlord what is a reasonable time for you.
Written receipts for rent or deposits.
Notice of changes in lease terms. You are entitled to fifteen days notice of any change in your rental agreement.
Repairs made within reasonable amount of time after you request them in writing.
Remain in residence until proper procedure is taken. You have the right to remain in the property you rent until you are legally evicted by a court order. Landlords do not have the right to lock you out of the property.

What Constitutes Abandonment Of A Rental Property?

Tue, 29 May 2007 21:19:00 GMT

A landlord can assume abandonment if:

The landlord does not know where the tenant is, the tenant is gone, the tenant has left behind furniture and other belongings, and the rent is unpaid for 15 days; or
The landlord does not know where the tenant is; and rent is unpaid; and tenant`s property is gone.

The landlord must hold any property left behind for 30 days and make reasonable efforts to find the tenant. If, after 30 days the property still remains unclaimed, the landlord may sell the items and use the money to pay back overdue rent.

What If My Landlord Does Not Return My Deposit?

Tue, 29 May 2007 21:19:00 GMT

If your landlord does not return your deposit, he or she may be subject to a $100 civil fine and court expenses. You may also choose to sue your landlord in small claims court for an amount less than $5,000.

What Repairs Am I Responsible For?

Tue, 29 May 2007 21:19:00 GMT

Generally, tenants are responsible for the rented premises as well as items that he or she may have damaged through careless action. For example, if a tenant fails to clean out a sink and it clogs, the tenant will be responsible for repairs.

What Repairs Am I Responsible For?

Tue, 29 May 2007 21:19:00 GMT

Landlords are generally responsible for maintaining common areas such as hallways or grounds. In terms of repairs, landlords should handle large maintenance or structural problems such as an old plumbing system. Additionally, if an item was in need of repair prior to a tenant moving in, the landlord is responsible for fixing it. An exception to this rule might be if the tenant accepts the premises with the problems.

The landlord`s responsibilities are defined in more detail in local ordinances and codes available from your local government. Many of these ordinances specify time periods within which certain repairs must be made. The ordinances may also allow a tenant to pay for the repairs themselves, and deduct that amount from the rent. This can only be done after written notice is given to the landlord asking that repairs be made, and a specified amount of time passes without the repairs being done.

When Must I Return A Deposit And When May I Keep A Deposit?

Tue, 29 May 2007 21:19:00 GMT

Utah law requires that a landlord return a tenant`s deposit within thirty days after termination of tenancy or within fifteen days following the landlord`s receipt of the tenant`s new address, whichever is later. If you choose to keep a tenant`s deposit, you must detail all the expenses that were used in order to process a refund. Landlords may keep a deposit to compensate for unpaid rent or if the lease describes deductions for cleaning/maintenance costs.

Free Landlord Rights FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Landlord Rights FAQs

Free Landlord Tenant Law FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Landlord Tenant Law FAQs

Free Landlord Tenant Rights FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Landlord Tenant Rights FAQs

Free Leases FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Leases FAQs

Free Rent FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Rent FAQs

Free Rental Discrimination FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Rental Discrimination FAQs

Free Repairs FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Repairs FAQs

Free Security Deposit FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Security Deposit FAQs

Free Terminations and Evictions FAQs

Sun, 29 Nov 2009 04:41:28 GMT

Free Terminations and Evictions FAQs