Legal Question in Real Estate Law in Utah
Backing out of lease within 3 days
I was just wondering if it is true that you can back out of a lease within 3 days if the landlord didnt mention certain crime and break in problems on the property?
1 Answer from Attorneys
Re: Backing out of lease within 3 days
There is no magic three day window to break a lease. However, if the landlord knew that the property has been and/or could be subject to high crime or criminal break in problems, he has a duty to either take action to ameliorate the situation OR to warn you. That kind of situation is a material fact which would affect your decision to rent, and must be disclosed. You can break the lease because of his failure to reveal a material fact. However, you have to be able to show that he did nothing which would lessen the chances of crime/break ins and that he knew or should have know of the risk.
You have an alternative, and that is for the landlord to take reasonable steps to protect you and the property.
You must be prepared that he will sue you for breaking the lease and you will have to go to court - probably small claims court - to argue your case. The ruling of the court will depend on the seriousness of the history of the property and any steps taken to solve the problem.