Legal Question in Real Estate Law in Utah
Rental Agreement
My six month lease expires 4-30-01. After numerous calls to the landlord office and also written complaints, I am moving due to the noise and cigerette smoke from the tenants around me. I only gave written notice of my intent to move this week. I have tried to get the landlord to do something about the excessive noise and excessive smoke. There is no smoking allowed in the apartments, but all the tenants around me smoke in their apartments, which filters into mine. I feel unsafe as I know with a certainty that several around me are using drugs. Police have come to this complex on several occassions. I am being told that I will have to pay another month's rent because I didn't give 30 days notice. I don't mind losing my deposit to just get out of here, but I don't want to be taken to court to pay the extra rent. My lease states that after the lease expires, it will automatically extends. If I have not signed another lease, I should be month to month. I would appreciate any advice. Thank you.
1 Answer from Attorneys
Re: Rental Agreement
The terms of your lease govern renewals also. If the lease states it automatically renews for another 6 months, then you are obligated for an additional 6 months.
If you have a record of complaints to the manager about the smoking, you can use the failure of the management to not regulate the smoking as a basis to contest the lease. You can also use the drug use, but you will need some sort of proof, such as police records of drug busts. You will be probably be sued and you will have to defend, most likely in small claims court. The managers will hire a collection agency, file a negative credit report and attempt to get you to pay.
Your best defense is a good offense. Tell the managers unless they let you out of the lease, that you will contact the police, the Better Business Bureau and Channel Two's Action Line. Then find out who the owners are and complain to them.
Finally, note that a recent case in Farmington allowed a tenant to be prosecuted for smoking in his apartment when smoking was not allowed.
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