Legal Question in Real Estate Law in Utah

Signed a lease, landlord provided false description, want out!

I have two dogs that must have a fenced in yard. Through an internet home placement agency, I found this home and it was described as having a ''fenced yard'' I called the landlord and she confirmed that it was indeed a fenced yard. I explained the dog situation and and she sent me the lease to sign and added $400 for a pet deposit now totalling $500. Regretfully I signed the lease,sent her the check and trusted this woman. Upon arriving to Utah and seeing the home, there was no fence. The adjacent homes had fences and basically I was screwed through a ''play on words'' I told her the deal was off and she has refused to refund the deposit. I took her to small claims and the judge awarded her to keep the money even though she felt it was an obvious lie. Shouldn't I at least get the dog deposit back especially since the never set foot on her property? I know I should have checked the place first (exactly why the judge ruled against me) but my work was starting immediatly and I needed a home for my dogs. Basically I trusted this woman. Do I have any rights?


Asked on 12/06/01, 5:33 pm

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

Re: Signed a lease, landlord provided false description, want out!

You can accept the decision of the small claims court, or you can appeal - within 30 days of the small claims hearing - to the District Court for a new trial. If you appeal you get a brand new trial with a new judge. In the district court things are more formal and you will have to follow rules of civil procedure and evidence, etc. Generally judges are sympathetic with pro se plaintiffs (people representing themselves.) A case of intentional misrepresentation is a tort and a court can, but is not required to, award actual damages, plus punitive damages, which can include attorney fees and costs. Threaten the defendant to return your money or you will appeal. Remember, you have 30 days from the date of the small claims court decision for the appeal. If the appeals time is getting close, file your notice of appeal and then negotiate with the defendant.

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Answered on 12/06/01, 5:52 pm


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