Legal Question in Real Estate Law in Utah

Lease Violations

We have a lease which automaticaly renews each year unless one party or the other gives written notice 30 days prior to the end of the lease.

There is also a 30 day grace period for payments.

Any time a payment is 5 days past due the Landlord posts a ''vacate in 15 days'' notice on the door. At one time he told his attorney tha we had a month to month tenancy and to post a notice on the door that out month-to-month tenancy was cancelled and we were to be out in 15 days. I called the attorney and told him we had a lease and said he was sorry.

The lease says the Landlord is responsible for repair, upkeep and maintenance of the furnace. We subtracted $300.00 from the rent for a repair bill on the furnace and we received a post card with the handwritten notice: ''Get out of the House by April 1, 2002. BE OUT.'' Mike Vardakis

What legal recouse do we have to such continued behavio. We love the house and would like to purchase it. He said at first he would consider that but becomes abusive any time I ask about that possibility.


Asked on 3/13/02, 10:35 am

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

Re: Lease Violations

You should have notified the landlord of the need for furnace repairs, if you did and he did not respond in a reasonable time, and if the repairs were necessary then you are justified in getting the repairs done yourself.

As far as leaving, read the lease carefully. Some provide that the lease extends on a month to month basis on the same terms; others renew for a like term, i.e., one year.

You can always make a written offer to purchase, but unless you have a purchase option, it can be refused.

Read more
Answered on 3/14/02, 9:24 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Utah