Unlawful Detainer/Paid rent

[Mommy2Ryder]

What is the name of your state (only U.S. law)? Utah

I made a thread earlier about the noise from our upstairs neighbors. As it turns out in our investigating as to what to do, this is an illegal apartment. It is listed as a duplex, not a triplex. Rent was paid in full, which means our landlord now has FOUR rent checks from us which I have copies of for the month of March. However we were served with an unlawful detainer today for non-payment. I have voice recordings of him accepting the rent checks, I have text messages from his wife regarding accepting the first set of checks.

Please advise, is this even legal? He's had the rent checks for almost 2 weeks, and hasn't cashed them. He blatantly lied, we've called every landlord/tenant lawyer we could find tonight. Hoping to hear back tomorrow so we can retain, but I'd like to know what I'm getting in to. I also plan to countersue.

We were told by the lawyer we spoke with earlier that he has constructively evicted us by breaking his contractual agreement by allowing the noise and harassment to continue.

I'm at a loss...

 

[Cvillecpm]

Get an attorney and fight the eviction. I suspect your bringing to light the additional unit has caused him to want you GONE!!!

Sticking your nose too far into your landlord's business will only get your NOSE CUT OFF

 

[marcdonovan]

If I were you, I would cancel those checks and use the money to find a better place. After I moved out, I would call code enforcement to protect the next unwitting tenant.

 

[Cvillecpm]

Cancel the checks and all the landlords have to do is produce the cancelled checks with notification from their bank and you will LOOSE in court.

 

[marcdonovan]

Cancel the checks and all the landlords have to do is produce the cancelled checks with notification from their bank and you will LOOSE in court.

One phone call handles that. "You drop the suit or I sick the codes people on you."

 

[Mommy2Ryder]

I sent my response asking for a hearing per the lawyer we spoke with. I followed his wording verbatim, am I able to countersue on an unlawful detainer?

 

[Alaska landlord]

You could burn the house down and still have a right to a counter suit. It really doesn't mean you have a case.

 

[Mommy2Ryder]

I didn't burn the house down, I exercised my right to complain about the neighbors breaking their lease and violating MY rights, and was retaliated against. I did nothing wrong in this case, I PAID my rent. Had he done his LANDLORD duty in the FIRST place and ZONED this properly, and made it a LEGAL apartment WITH soundproofing this would be a NON-ISSUE. My question is about suing for rent abatement. Now do you want to offer ACTUAL advice or just pop off at the mouth?

So far what I have read you can not countersue an unlawful detainer, unless I move out before court then it becomes a plain civil matter and at that time I can countersue. Does anyone know if this is accurate?

 

[Mommy2Ryder]

Utah Laws PROVING my case...can I get some REAL advice now?

Below is the Utah Fit Premises Act, in bold is his violations, in parenthesis is any notes I have.

Utah Code Annotated
Title 57 Chapter 22
Utah Fit Premises Act
57-22-1 Short title.
57-22-2 Definitions.
57-22-3 Duties of owners and renters -- Generally.
57-22-4 Owner's duties -- Maintenance of common areas,
building, and utilities -- Duty to correct -- No duty to correct
condition caused by renter -- Owner may refuse to correct.
57-22-5 Renter's duties -- Cleanliness and sanitation --
Compliance with written agreement -- Destruction of property,
interference with peaceful enjoyment prohibited.
57-22-6 Renter's remedies -- Compliance required -- Notice to
owner or agent-renter entitled to judicial remedy -- Attorneys' fees.
57-22-1. Short title.
This chapter is known as the "Utah Fit Premises Act."
57-22-2. Definitions.
As used in this chapter:
(1) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A
managing agent, leasing agent, or resident manager is considered an owner for
purposes of notice and other communication required or allowed under this chapter
unless the agent or manager specifies otherwise in writing in the rental agreement.
(2) "Rental agreement" means any agreement, written or oral, which establishes or
modifies the terms, conditions, rules, or any other provisions regarding the use and
occupancy of a residential rental unit.
(3) "Renter" means any person entitled under a rental agreement to occupy a
residential rental unit to the exclusion of others.
(4) "Residential rental unit" means a renter's principal place of residence and
includes the appurtenances, grounds, and facilities held out for the use of the
residential renter generally, and any other area or facility provided to the renter in the
rental agreement. It does not include facilities contained in a boarding or rooming
house or similar facility, mobile home lot, or recreational property rented on an
occasional basis.
24
57-22-3. Duties of owners and renters -- Generally.
(1) Each owner and his agent renting or leasing a residential rental unit shall
maintain that unit in a condition fit for human habitation and in accordance with local
ordinances and the rules of the board of health having jurisdiction in the area in
which the residential rental unit is located. Each residential rental unit shall have
electrical systems, heating, plumbing, and hot and cold water. (Somehow I believe that means that we should have CONTROL if not our OWN source of heat.)
(2) Each renter shall cooperate in maintaining his residential rental unit in
accordance with this chapter.
(3) This chapter does not apply to breakage, malfunctions, or other conditions
which do not materially affect the physical health or safety of the ordinary renter.
(4) Any duty in this act may be allocated to a different party by explicit written
agreement signed by the parties.
57-22-4. Owner's duties -- Maintenance of common areas, building, and utilities
-- Duty to correct -- No duty to correct condition caused by renter -- Owner may
refuse to correct.
(1) To protect the physical health and safety of the ordinary renter, each owner
shall: (Assuming that when a police altercation arises and a tenant is verbally and continually harassed, that you step in and rectify the situation.)
(a) not rent the premises unless they are safe, sanitary, and fit for human
occupancy;
(b) maintain common areas of the residential rental unit in a sanitary and safe
condition;
(c) maintain electrical systems, plumbing, heating, and hot and cold water;
(d) maintain other appliances and facilities as specifically contracted in the lease
agreement; and
(e) for buildings containing more than two residential rental units, provide and
maintain appropriate receptacles for garbage and other waste and arrange for its
removal, except to the extent that renters and owners otherwise agree.
(2) In the event the renter believes the residential rental unit does not comply with
the standards for health and safety required under this chapter, the renter shall give
written notice of the noncompliance to the owner. Within a reasonable time after
receipt of this notice, the owner shall commence action to correct the condition of the
unit. The notice required by this subsection shall be served pursuant to Section 78-36-
6. (How many calls, text messages, and emails did Matt receive?)
(3) The owner need not correct or remedy any condition caused by the renter, the
renter's family, or the renter's guests or invitees by inappropriate use or misuse of the
property during the rental term or any extension of it.
(4) The owner may refuse to correct the condition of the residential rental unit and
terminate the rental agreement if the unit is unfit for occupancy. If the owner refuses
to correct the condition and intends to terminate the rental agreement, he shall notify
the renter in writing within a reasonable time after receipt of the notice of
noncompliance. If the rental agreement is terminated, the rent paid shall be prorated
to the date the agreement is terminated, and any balance shall be refunded to the
renter along with any deposit due.
(5) The owner is not liable under this chapter for claims for mental suffering or
anguish. (Damn cause I would have had a ridiculously strong case for that as well)
25
57-22-5. Renter's duties -- Cleanliness and sanitation -- Compliance with
written agreement -- Destruction of property, interference with peaceful
enjoyment prohibited.
(1) Each renter shall:
(a) comply with the rules of the board of health having jurisdiction in the area in
which the residential rental unit is located which materially affect physical health and
safety;
(b) maintain the premises occupied in a clean and safe condition and shall not
unreasonably burden any common area;
(c) dispose of all garbage and other waste in a clean and safe manner;
(d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit;
(e) use all electrical, plumbing, sanitary, heating, and other facilities and
appliances in a reasonable manner;
(f) occupy the residential rental unit in the manner for which it was designed, but
the renter may not increase the number of occupants above that specified in the rental
agreement without written permission of the owner;
(g) be current on all payments required by the rental agreement; and
(h) comply with all appropriate requirements of the rental agreement between the
owner and the renter, which may include either a prohibition on, or the allowance of,
smoking tobacco products within the residential rental unit, or on the premises, or
both.
(2) No renter may:
(a) intentionally or negligently destroy, deface, damage, impair, or remove any
part of the residential rental unit or knowingly permit any person to do so;
(b) interfere with the peaceful enjoyment of the residential rental unit of another
renter; or
(c) unreasonably deny access to, refuse entry to, or withhold consent to enter the
residential rental unit to the owner, agent, or manager for the purpose of making
repairs to the unit.
57-22-6. Renter's remedies -- Compliance required -- Notice to owner or agentrenter
entitled to judicial remedy -- Attorneys' fees.
(1) A renter is not entitled to the remedies set forth in this section unless the renter
is in compliance with all provisions of Section 57-22-5.
(2) If a reasonable time has elapsed after the renter has served written notice on
the owner under Section 57-22-4 and the condition described in the notice has not
been corrected, the renter may cause a "notice to repair or correct condition" to be
prepared and served on the owner pursuant to Section 78-36-6. This notice shall:
(a) recite the previous notice served under Subsection 57-22-4 (2);
(b) recite the number of days that have elapsed since the notice was served and
state that under the circumstances such a period of time constitutes the reasonable
time allowed under Section 57-22-4;
(c) state the conditions included in the previous notice which have not been
corrected;
(d) make demand that the uncorrected conditions be corrected; and
(e) state that in the event of failure of the owner to commence reasonable
corrective action within three days the renter will seek redress in the courts.
(3) (a) If the owner has not corrected or used due diligence to correct the
conditions following the notice under this section, the renter is entitled to bring an
26
action in district court.
(b) The court shall endorse on the summons the number of days within which the
owner is required to appear and defend the action, which shall not be less than three
nor more than 20 days from the date of service.
(c) Upon a showing of an unjustified refusal to correct or the failure to use due
diligence to correct a condition described in this chapter, the renter is entitled to
damages and injunctive relief as determined by the court.
(d) The damages available to the renter include rent improperly retained or
collected. Injunctive relief includes a declaration of the court terminating the rental
agreement and an order for the repayment of any deposit and rent due.
(e) The prevailing party shall be awarded attorneys' fees commensurate with the
cost of the action brought.
(4) (a) If the renter is notified that the owner intends to terminate the rental
agreement pursuant to Section 57-22-4, the renter is entitled to receive the balance of
the rent due and the deposit on the rental unit within ten days of the date the
agreement is terminated.
(b) No renter may be required to move sooner than ten days after the date of
notice.

 

[Mommy2Ryder]

-----

Also:

Tenants' Rights to Privacy and Repairs

When may a landlord enter rental property? Is advance notice required?

Landlords can enter rented premises only in the following circumstances:

* to make needed repairs (or in some states, just to determine whether repairs are necessary)
* in cases of emergency, or
* to show the property to prospective new tenants or purchasers.

Several states also allow landlords or property managers the right of entry during a tenant's extended absence (often defined as seven days or more) to maintain the property as necessary and to inspect for damage and needed repairs. In most cases, a landlord may not enter just to check up on the tenant and the rental property.

States that regulate landlords' access require landlords to provide advance notice (usually 24 hours) before entering a rental unit. (See Nolo's Chart: Notice Requirements to Enter Rental Property, State by State.) In most states, without advance notice, a landlord or manager may enter rented premises while a tenant is living there only in an emergency -- such as a fire or serious water leak -- or when the tenant gives permission.

What are a landlord's maintenance responsibilities? Do tenants have responsibilities?

Under most state and local laws, landlords must offer and maintain housing that satisfies basic habitability requirements, such as adequate weatherproofing, available heat, water, and electricity, and clean, sanitary, and structurally safe premises. (There is no weatherproofing, we have broken windows, and no deadbolts, just a measly lock and a door that doesn't close)

Local building or housing codes typically set specific standards, such as the minimum requirements for light, ventilation, and electrical wiring. Many cities require the installation of smoke detectors in residential units and specify security measures involving locks and keys. Your local building or housing authority and health or fire department, can provide information on local housing codes and penalties for violations.

Tenants have the responsibility to keep their own living quarters clean and sanitary. If you do not, you can't go to the landlord and request repairs that are due to your negligence, such as infestations of pests such as ants. In that case, the landlord could have the work done and send the repair bill to you.

When the landlord is responsible for making certain repairs, the landlord can usually delegate the repair tasks to the tenant in exchange for a reduction in rent (if the tenant agrees). If the tenant fails to do the job well, however, the landlord is not excused from his responsibility to maintain the property in a habitable condition.
If a landlord doesn't make required repairs, what are the consequences?

If a tenant requests repairs and the landlord or property manager doesn't meet the habitability requirements, a tenant usually has several options, depending on the state. These options include:

* making the necessary repairs and deducting the costs from the next month's rent
* withholding the entire rent until the problem is fixed
* paying less rent while the rental remains substandard
* calling the local building inspector, who can usually order the landlord to make repairs, or
* moving out without responsibility for future rent, even in the middle of a lease.

A tenant can also sue the landlord for a partial refund of past rent, and in some circumstances can sue for the discomfort, annoyance, and emotional distress caused by the substandard conditions.

Your best bet is to handle repairs as soon as possible (or delegate the repairs to the tenant in exchange for decreased rent). Take care of major problems, such as a plumbing or heating problem, within 24 hours. For minor problems, respond in 48 hours. Always keep tenants informed as to when and how the repairs will be made, and the reasons for any delays.


And:

What are my rights as a tenant?

* A safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the property you are renting.
* Privacy, peace, and quiet. A landlord can enter the premises at reasonable times for repairs and inspections, but should notify you first. You have the right to tell a landlord what time is reasonable for you.
* Written receipts for rent or deposits. If you pay in cash or with a money order and don’t get a receipt signed by the landlord, then you may be evicted and have no way of proving that you paid. Always insist on a receipt signed by the landlord when paying with cash or a money order.
* Notice of changes in lease terms. You are entitled to fifteen days written notice of any change in your month to month oral rental agreement.
* Repairs made within a reasonable amount of time after you request them in writing. Your city or county may have an ordinance specifying the time that your landlord has to make certain repairs.
* Remain in residence until proper procedure is taken. You have the right to remain in the property you rent until you are legally evicted by a court order. Landlords do not have the right to lock you out of the property.

 

[Alaska landlord]

What is the name of your state (only U.S. law)? Utah

I made a thread earlier about the noise from our upstairs neighbors. As it turns out in our investigating as to what to do, this is an illegal apartment. It is listed as a duplex, not a triplex. Rent was paid in full, which means our landlord now has FOUR rent checks from us which I have copies of for the month of March. However we were served with an unlawful detainer today for non-payment. I have voice recordings of him accepting the rent checks, I have text messages from his wife regarding accepting the first set of checks.

Please advise, is this even legal? He's had the rent checks for almost 2 weeks, and hasn't cashed them. He blatantly lied, we've called every landlord/tenant lawyer we could find tonight. Hoping to hear back tomorrow so we can retain, but I'd like to know what I'm getting in to. I also plan to countersue.

We were told by the lawyer we spoke with earlier that he has constructively evicted us by breaking his contractual agreement by allowing the noise and harassment to continue.

I'm at a loss...

And now for the truth....

We work from home and have lost 6 hours which we have deducted from the rent, we are now served with a 3 days to pay or vacate notice. The landlords wife walked out with the partial rent payment checks yesterday. Because she in essence accepted the checks, can they even give us a notice to pay or vacate? He's charging me a late fee, however it's due for us on the 6th, he was notified on the 4th that it was available and that he still had not sent over envelopes. Did he want to pick it up when he was supposed to be here to disucss the neighbors or have us mail it. No response. So how is it our $60 cross to bear if he didn't read the email HE requested to be sent about the noise.

The fact is you did not pay your rent in full. The LL is not required to accept partial payment.

 

[Mommy2Ryder]

Again had you READ anything you would have seen we issued him a check IN FULL after we received the notice. I have him on recording accepting the rent check IN FULL. So again...is there someone who can provide ACCURATE information having READ the facts?

We requested a hearing that is Wednesday the 1st at 1:30 pm.

I made a thread earlier about the noise from our upstairs neighbors. As it turns out in our investigating as to what to do, this is an illegal apartment. It is listed as a duplex, not a triplex. Rent was paid in full, which means our landlord now has FOUR rent checks from us which I have copies of for the month of March. However we were served with an unlawful detainer today for non-payment. I have voice recordings of him accepting the rent checks, I have text messages from his wife regarding accepting the first set of checks.