Threatened with trespass for going to my own apt.

This is in Utah.

I have not been evicted and I have paid rent up in full for the month, yet I was threatened with arrest (by the landlord) for trespass for any attempts to go to my apartment.

The landlord also employs a "state certified" police officer that has wrongfully arrested me in the past and I am getting sick of it. He arrests at the landlords will. I am now just waiting for those charges to get dismissed before I sue them for wrongful arrest.

Also, can I sue in small claims court for my cost of spoiled food from not being able to attend my own apartment and hotel room fees?

Thanks in advance for the help.

[abezon]

Congratulations, you've won the tenant lottery. Tomorrow morning, run-don't-walk to a LT attorney and sue LL for forcible detainer. You are entitled to treble damages plus attorney fees, so you might even be able to get an attorney to take the case based on collecting fees from LL. Read chapter 78-36 of the Utah Statutes for more info.


78-36-12. Exclusion of tenant without judicial process prohibited -- Abandoned premises excepted. It is unlawful for an owner to willfully exclude a tenant from the tenant's premises in any manner except by judicial process, provided, an owner or his agent shall not be prevented from removing the contents of the leased premises under Subsection 78-36-12.6(2) and retaking the premises and attempting to rent them at a fair rental value when the tenant has abandoned the premises.

Excellent! Thank you VERY much.

However, if I do that (sue him), won't my landlord start eviction proceedings against me in court? And if so, is he likely to succeed if the allegations he brought against me are proven untrue?

Thank you.

Clarification:

Ok, so what I understand from the above is that I can't be arrested for trespassing when I am in my apartment and the rent has been paid and I haven't been evicted.

So, if I walk out of my apartment and into my car (parked in my paid for/assigned parking spot), can they arrest me then or when I am in the laundry room?

Thank you.

[abezon]

No. Access to your apt includes access to common areas & areas necessary for you to get to your apt.

Also, LL cannot evict you for standing up for your rights. In fact, if LL even attempts to do so within 3-6 months, you have an automatic presumption in court that LL is engaging in retaliatory eviction, which is illegal & will result in LL paying your attorney fees once again.

Get an attorney and the lawsuit filed. File a police report. NOW. Then is LL starts eviction proceedings, it will basically be proof enough that it is retaliation. This LL has broken about half a dozen laws. Plus you can sue the "cop" who probably isn't even a true cop, just a thug in a rented costume. And if you are actually arrested because the cop is real? Then you will also be entitled to money for a wrongful arrest. ESPECIALLY since you have kept up on rent.