4 replies to this topic

[beckylynn4370]

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.

[adjusterjack]

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.

[beckylynn4370]

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

[FindLaw_AHK]

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.

[Fallen]

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.