The Landlord/Tenant relationship is based in real property and contract law. Whether there is a lease or not, both the landlord and tenant have certain rights and responsibilities regarding paying rent, upkeeping the leased property, and ensuring a safe and habitable residence. If either party violates these rights and/or responsibilities, it creates a cause of action against the other. The remedy can range from simply terminating the lease agreement or landlord/tenant relationship to a lawsuit for triple damages. However, the law does not allow self-help, meaning taking matters into your own hands. You must follow a detailed procedure and timeline to ensure you get the remedy you deserve without opening yourself to liability.
For example, a landlord cannot simply change locks or shut off power and a tenant cannot just stop paying rent. Both need to take specific steps before they can legally do these things.
At Slemboski & Tobler we have assisted both landlords and tenants in almost every type of rental dispute. This includes drafting leases, processing evictions, defending wrongful evictions, and negotiating lease extensions and terminations. The attorneys here have rented homes and apartments as well as owned rental properties of their own. This has given us an intimate knowledge of landlord/tenant law.
Contact the Attorneys at Slemboski & Tobler to discuss any concerns you may have with your landlord or tenant.
Also, Utah Legal Services has complied a thorough list of common Landlord/Tenant issues. For more information, click here to visit their website.