Legal Question in Appeals and Writs in Utah

Small Claims Appeals

I filed a counter claim against my tenant. He caused damage to my rental property. He was filing a claim to get his deposit back by claiming that I violated a Utah code that said if I didn't get him his deposit back or an explaination of why not within 30 days, I would have to pay him his deposit back. My counter claim was for the damages to the property. The judge ruled in his favor and would not even listen to my claim because it was ''irrelivent to the case''. Is this right for him to dismiss my claim?


Asked on 6/06/01, 10:29 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Small Claims Appeals

Not based on the meager facts you gave. However, if you failed to comply with the statute then you may be liable for damages to the tenant for failure to comply with the statute. Bring a separate complaint against the tenant. OR you may appeal the decision of the small claims court and start all over again in district court with a new trial.

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Answered on 6/29/01, 9:56 am


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