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jab1129

Landlord deceptive trade practices?

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I believe our landlords have been misrepresenting themselves as members of the the trade association for apartment owners in Utah.

 

We lived in an apartment for more than 3 years and all our leases and all of the forms we signed were supplied by the Utah Apartment Association. On each form it clearly states that it is illegal to use these forms if you are not a member in good standing within the organization.

 

Once our final lease ended and we were trying to recover our security deposit I called the organization to see if the management company, owners of the property, or the individuals who executed our leases were members. It turns out they are not. 

 

Isn't this deceptive trade practices?

 

They misrepresented themselves as members by using their forms and we thought we were renting from a reputable company who knew the law and had proper training and affiliation within the state—which is becoming clear to us that they do not.

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Their use of the form has absolutely NOTHING to do with you or your issues with the landlord. It's between the landlord and the association.

 

Whether or not the use of the form is a "deceptive trade practice" (it really isn't) is irrelevant because it's not the use of the form that is causing you problems with the landlord.

 

The form is a contract. Doesn't matter where it comes from. It has terms and conditions that you and the landlord agreed to.

 

If the landlord is wrongly withholding your security deposit you have a remedy under the Utah landlord tenant statute.

 

Read it:

 

http://law.justia.com/codes/utah/2012/title-57/article-17/

 

Forget about this "misrepresentation", "reputable", what you "thought", blah blah blah.

 

Has nothing to do with anything and doesn't get you a nickel more than the security deposit law might entitle you to.

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On each form it clearly states that it is illegal to use these forms if you are not a member in good standing within the organization.

 

Just because it says so doesn't make it true.

 

 

 

Isn't this deceptive trade practices?

 

Not in my opinion, but only someone fluent in this area of UT law could really give you a fully informed opinion.

 

Why does this matter?  I doubt that everyone who is a member of the association is a fully-knowledgeable angel, and you apparently have moved out, so....??

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Here is the statute:
13-11a-3.   Deceptive trade practices enumerated -- Records to be kept -- Defenses.
 

© causes likelihood of confusion or of misunderstanding as to affiliation, connection, association with, or certification by another;

 

 
I've read the security deposit statute, multiple times. I'm only after what is owed to me legally. They are still using this agreement with new/current tenants.

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Here is the statute:
13-11a-3.   Deceptive trade practices enumerated -- Records to be kept -- Defenses.
 

© causes likelihood of confusion or of misunderstanding as to affiliation, connection, association with, or certification by another;

 

 

 

You're reading into it what you want to see. It's still irrelevant to your issue with the security deposit.

 

They failed to comply with the security deposit law.

 

Doesn't matter where the form came from. You won't get anywhere arguing deceptive trade practices. But argue it if you must.

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I've read the security deposit statute

 

 

What does that have to do with anything?  Your post says nothing about a security deposit issue.

 

 

 

 

I'm only after what is owed to me legally.

 

 

What makes you think anything is owed to you?

 

 

 

 

They are still using this agreement with new/current tenants.

 

 

Why does this matter in light of your statement that you are "only after what is owed to [you] legally"?

 

If you want to play justice crusader, you might be able to find a lawyer willing to file suit on your behalf and alleging a violation of the deceptive trade practices law.  Of course, that assume Utah allows a person without standing to pursue such a claim.

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Thanks Jack.  Nevertheless, I don't see what this whole business about an apartment association has to do with the poster getting his/her security deposit back (unless he/she is trying to use this irrelevancy as leverage).

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