Evictions

Ogden Evictions and Landlord/Tenant Law

The variety of problems that a landlord can encounter is only matched by the variety of landlords. From small single property owners to large corporate management companies overseeing hundreds of units, the problems faced by landlords often benefit from or require legal counsel. We can assist you with creating or modifying your lease, keeping it updated so that it takes advantage of current law. Our Ogden Evictions and Landlord/Tenant Law office can provide you with a variety of notices and tenant letters including Three Day Notice to Vacate, Notice of Abandonment, Notice to Abate Nuisance and other custom made notice that you may desire. When working with delinquent or problem tenants is no longer an option, our eviction process is quick, efficient and hands on. Once the eviction is completed and you have possession of your property, we can assist you in collecting on a judgment.

Introduction to Landlord/Tenant Law

While we do recommend that you come into our Ogden office for a consultation on any specific questions that you may have, please use the information provided below to assist you in determining whether you need our services.

Residential Lease:

Although a lease for less than a year is exempt, all of your rental and lease agreements should be in writing. Technically, a lease agreement is an agreement for the rental of real property for a set period of time and the term rental agreement is usually meant to denote a month-to-month agreement for an indefinite period of months. By placing your agreements in writing you avoid several legal and practical problems. A written lease also allows you to collect attorney’s fees, court costs, treble damages and collection costs in case of a tenant’s default. Please contact our office to discuss what rental agreement options fit your needs best.

Commercial Lease:

It is imperative that your commercial lease is reduced to writing. You should seek the advice of legal counsel, preferably in the negotiation process, to ensure that your lease agreement adequately protects your risk of loss and provides you with the mechanisms that will allow you to fully enforce and protect your Ogden property.

Ogden Evictions, Utah Code 78B-6-801:

The primary and most important remedy for landlords, property managers, and owners against tenants who breach their lease is to gain rapid possession of their property. Typically this remedy is employed when a tenant has failed to pay rent, has failed to vacate at the end of the lease, or has otherwise breached the lease in some material way, causing waste to the property. Also known as unlawful detainer, an eviction provides the landlord with a quick response to any of these problems. While not complicated, you must strictly follow the procedure or face the possibility of delay or failure. Typically, we can obtain possession of a property within three weeks if the tenant fails to respond to the unlawful detainer action. We work with local constables and sheriffs to quickly enforce lawful evictions. Although the process may be delayed if the tenant answers the complaint, we give you the option of posting a bond or proceeding to a hearing before the court where immediate possession can be summarily determined by the judge. This hearing usually requires an additional ten days. On average, you will have possession in our non-contested evictions within three to four weeks and on a contested eviction typically within four to six weeks. If your lease agreement is in writing and the initial steps of the eviction process are properly followed, then you can help us expedite the process.

A tenant may become a nuisance requiring the filing of an unlawful detainer action to abate under Utah Code 78B-6-1101. Nuisance is a strictly defined category of tenant caused problems interfering with the use and quiet enjoyment of the neighboring tenants or property owners and is typically not the proper mechanism for a tenant’s breach of lease. For more information, contact Ogden’s eviction experts.

Brokers and Property Managers:

A broker who engages in the leasing of real property is governed by the same provisions of Title 61, Chapter 2 as if the broker was listing that same property for sale.

Utah Code 61-2-2(13) – A person engages in property management when they receive compensation for the management of property owned by another person. Management activities include:

  • advertising, negotiating and engaging in any activity calculated to secure the leasing of real property;
  • Collecting or attempting to collect rent and accounting for the disbursement of money collected;
  • Authorizing repairs.

Utah Code 61-2-1 – A person must be a licensed real estate broker or agent to act as a property manager. A single act of property management requires a license. See Utah Code 61-2-4. Failure to comply with this law could result in criminal penalties. See Utah Code 61-2-17.

Methamphetamine Contamination

If you have actual knowledge of the use, storage, or manufacture of methamphetamines on the property, you must disclose that the property is contaminated. See Utah Code 57-27-201. Failure to do so could result in considerable civil damages. You may decontaminate your own property and you do not have to report the contamination to the government. Once the property is decontaminated, there is no requirement that you must disclose to prospective renters that the property was once contaminated.

Fit Premises Act, Utah Code 57-22-1:

The owner of a rental property may not rent a residential property unless it is safe, sanitary and fit for human occupancy. This includes maintaining common areas, electrical systems, plumbing, heating, hot and cold water, and as otherwise contracted. The Renter has a duty to maintain the premises in a clean and sanitary condition and is prohibited from causing destruction to the property. There are special requirements when a tenant is the victim of a crime. This law is set to be amended soon and an update will be provided.

Utah Fair Housing Act, Utah Code 57-21-1:

It is illegal in Utah, both by federal and state law, to discriminate against any person who belongs to a protected class in the leasing of real property. The protected classes covered by Utah law are race, color, religion, sex, national origin, familial status, source of income, or disability. Salt Lake City has added gender preference and sexual orientation. While it is bad business practice to turn away any qualified person who will pay rent and maintain the property, it is also illegal and severe penalties can be incurred. This also may cover comfort animals that are required by a doctor for one reason or another.