Legal Question in Real Estate Law in Utah

Is the 30 day notice to vacate requirment applicable if the property is unhabita

Our 6 months lease is up and we are now renting under a month-to-month lease. The heating is done through a central water pump system and has not been turned on. The temprature in the apartment is usually 45 degrees and the management was notified. Thier responce was to send out a statement that the heat will be tuned on next month. we have decided not to wait and have found another place, signed the lease, and paid the deposit. Now we find that they are want Oct. rent because we didn't give 30 days notice. Wouldn't the fact that the property is inhabitable make the lease null and void?


Asked on 9/28/00, 1:15 am

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

Re: Is the 30 day notice to vacate requirment applicable if the property is unha

If management knew that unless the heat was turned on that the apartment was uninhabitable, and that you gave management notice of your intent to leave, then you have a good case. Uninhabitability means that it is dangerous and risky for one's health to stay, and that you have to vacate to save your health. I think a judge would agree with you that heat is necessary for one's health. If you get sued for the money be prepared to provide proof to the judge that you gave notice and the management refused to turn on the heat. Witnesses would be good. Did other tenants complain or leave? If not, that would hurt your case. Be prepared to explain any special and unique circumstances in your family, i.e., babies, elderly, illness, etc. which would support your case.

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Answered on 10/26/00, 10:41 am


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