Legal Question in Real Estate Law in Utah

Do I have to pay when a service or good was not received?

I lived in an apartment complex and had a 6 month lease. The 6 month lease was up on November 30th, 2002. In the lease it stated that I was required to give 30 days notice prior to moving out. I was given an increase in rent notice on October 20th which was going to take place on December 1st, 2002. I started looking for other living arrangements the next day. I found other living arrangements and gave my notice that I was going to be moving out on November 30th, 2002. I gave this notice on November 10th. The apartment complex is now claiming I owe them around 200 dollars for rent from December 1st to December 10th. Do I have to pay this money even though the lease was up on November 30th?


Asked on 1/16/03, 1:19 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Do I have to pay when a service or good was not received?

No. You owe nothing since the lease expired.

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Answered on 1/16/03, 5:53 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Do I have to pay when a service or good was not received?

Yes. The lease converted to a month to month lease after the 6 month term. The month to month lease automatically renewed each month, to terminate you were required to give 30 days notice. However, if the landlord rents the unit before Dec 10 you are not required to pay rent for the days it was rented. (The landlord is not entitled to a double recovery, with two people paying rent for one unit at the same time.)

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Answered on 1/16/03, 9:33 am


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