Legal Question in Real Estate Law in Utah

Smelly rent?

I own a business which leases an area of 8700 square feet. 5,700 of it is used to play lasertag in. Behind us, a factory makes Tamales. This is in the same building, but is located in the next unit. There are holes in the wall and the smell of Tamales leaks into the arena. It smells BAD! And, despite repeated attempts to get this fixed, the landlord still has done nothing. This is no doubt affecting our business. Can I opt out of the lease early? What can be done in this situation? Can I decide not to pay lease until it is fixed but still be allowed to operate in my space? Any answers are great!


Asked on 10/10/02, 1:53 pm

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

Re: Smelly rent?

You probably cannot opt out of the lease. However, read the lease terms carefully, you may have the right to perform repairs and deduct them from the rent if your landlord fails to repair after written notice. So write a letter to the landlord and give him a reasonable period - 15 days - to repair the problem, and notice that if the problem is not repaired that you will hire someone to do the work and deduct the cost from your rent. READ THE LEASE CAREFULLY - it is the agreement that grants you rights and remedies. You still need to make regular lease payments.

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Answered on 10/11/02, 4:16 pm


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