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Domestic Violence Landlord against Tenant


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#1 beckylynn4370

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Posted 23 February 2013 - 03:59 PM

I live in the state of Utah, I have a month to month contract. My landlord attacked me and my boyfriend and also kicked in our bedroom door. The police department was called and we pressed charges against her. They gave her a criminal protective order to stay away from us until the next court date. And not to harass us. She served us with an eviction notice to get out by the end of the month and then sent a handwritten note in the mail stating that she wasn't going to give us back our $450.00 deposit because we didn't give her a 30 day written notice. What are our rights in this matter. I hope someone can help us..Thanks.

#2 adjusterjack

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Posted 23 February 2013 - 05:58 PM

According to the Utah state courts website there are several allowable termination notices for month to month tenancies ranging from 3 days to 15 days depending on the circumstances.

http://www.utcourts....to/landlord/#22

Unfortunately, I don't find any of that in statutes. The closest thing to a landlord tenant statute is the Utah Fit Premises Act. But that doesn't appear to address termination of tenancies.

http://law.justia.co...le57/chapter22/

As for your security deposit if she's kicking you out she can't keep your deposit because you didn't give her proper notice. She'll have to apply and/or return the security deposit in accordance with the Residential Renters' Deposits statute:

http://law.justia.co...le57/chapter17/

If she wrongly keeps your security deposit you can sue her in small claims court.

Make sure you keep copies of those notices in a safe place so you have them later when you need them.

Other than that, it seems like the LL is a lunatic and you might be wise to get out of there as soon as possible and not quibble about your rights.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 beckylynn4370

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Posted 23 February 2013 - 10:44 PM

adjusterjack, Thank you, I will let you know how it goes.

#4 Guest_FindLaw_Amir_*

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Posted 05 March 2013 - 11:18 AM

A tenant may sue a landlord for a variety of reasons related to security deposits, including the failure to return the security deposit or provide an itemized statement within the time required by law, or to dispute the cost of repairs and/or cleaning. In most circumstances, a tenant will file such a lawsuit in small claims court. Visit the Real Estate Law Center and read Landlord Tenant Law as a good resource to learn more about your rights.

#5 Fallen

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Posted 05 March 2013 - 12:55 PM

You don't bother to say what your goal is here. I'd feel free to ignore the termination/"eviction" notice and, if she files any eviction action, show up in court and argue that it is unlawful retaliation. In fact, I'd actually be proactive and file a tenant's complaint equivalent against her in the relevant landlord tenant court and seek an injunction against her forestalling any further action despite your monthly status for a given period of time.

I'd naturally also report this eviction notice to the relevant authority, and assert that this act by her is a violation of the order issued against her.

Down the road, I'd talk with a local real estate attorney that also dabbles in civil litigation, 'cause you certainly have a viable civil action against her on a number of causes of action.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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