Sometimes commercial landlords and tenants are so eager to sign a written lease agreement that they neglect to include all of the essential terms that will govern the relationship. When this happens, it is likely that the parties do not even have an enforceable contract.
Read MoreIf you are involved in a dispute and you think you may need to hire a lawyer, you may want to know if you can make the other side pay for your attorney’s fees. The answer to this depends on the type of case you have. In Utah, the judge will order the other side to reimburse you for the money you paid your attorney only in certain types of cases. I will address five of them here.
Read MoreUtah law sets forth nine reasons a landlord can evict a tenant. These reasons apply to both commercial tenancies and residential tenancies. If a landlord wants to evict for a reason other than one of these, there is a good chance the landlord may not be able to evict.
Read MoreThe laws that govern landlords and tenants in Utah are found
in the following Utah Code sections:
1. Beware the Binding Nature of Your Lease
This should go without saying, and yet, far too many businesses learn this the hard way. Yes, a lease is a binding legal contract. No, a landlord is not likely to let you out of it just because your business is struggling. Let's say you sign a 5-year lease for $3,000 per month. You just signed a $180,000 contract. Every commercial tenant should go into a lease with the mindset that it will be bound to pay all or a substantial portion of the full contract price. (There are some exceptions; e.g., the landlord's duty to mitigate.)
Read MoreAs a general rule, if a person owns land, that person has the right to develop it, adapt it, or otherwise use it for some beneficial purpose. In the commercial context, the beneficial purpose is usually to make money. But, as we know, the ways in which landowners can use their properties are regulated by zoning and land use laws.
Read MoreAn owner of commercial real estate is usually concerned with at least five types of expenses: (1) property taxes; (2) property insurance; (3) CAM expenses (the cost of common area maintenance, e.g. parking lots, sidewalks, and landscaping); (4) utilities; and (5) janitorial services.
Read MoreSometimes commercial landlords and tenants are so eager to sign a written lease agreement that they neglect to include all of the essential terms that will govern the relationship. When this happens, it is likely that the parties do not even have an enforceable contract.
Read MoreWe need the oxygen trees produce to survive, but certain trees are a nuisance, including that one that is in your neighbor’s yard. Yes, you know the one. Here are some quick tips to help you understand how Utah law deals with tree disputes.
Read MoreAlmost all commercial leases have a provision that in some form or another prohibits the tenant from subleasing to a third party without the landlord’s prior written consent. But what would happen if the tenant ignored that provision, subleased the property without the landlord’s knowledge, and made money off of the sublease? Would the landlord be entitled to collect that money from the tenant?
Read MoreFact scenario: A commercial tenant breaches the lease. There are three years left on the term of the lease. The commercial landlord is therefore damaged in the amount of monthly rent for the 36 months left on the lease. But, the landlord may not be able to hold the tenant liable for all 36 months of rent. The landlord must take reasonable steps to find a new tenant and thereby reduce or “mitigate" the damages.
John Doe is an aspiring entrepreneur and wants to lease a building for his brilliant restaurant idea. John Doe sets up ABC Restaurant, Inc. ABC Restaurant, Inc. and the landlord enter a five-year lease. The landlord incurs $30,000 in tenant improvement expenses.
Read MoreNo. A landlord cannot lawfully evict a tenant by taking matters into his or her own hands, changing the locks, removing the tenant's property, etc. All evictions must go through the court. Only after a court issues an order allowing the landlord to change locks and remove property can these things be done.
Read MoreThe security deposit is one of the most hotly disputed issues in landlord tenant relationships. Here are some things you should know as a residential Utah landlord to help protect you when these disputes arise.
Read MoreThere are at least 5 different kinds of eviction notices in Utah:
Read MoreIf a tenant is not paying rent, both commercial and residential landlords can take the tenant's possessions which the tenant keeps at the rented premises as long as the possessions are not exempt from being taken.
Read MoreMany leases are long, have huge paragraphs, tiny font, and use a lot of legalese. Like Muffy from Arthur said, "It's exactly what we talked about, just written in a way no one can understand."
Read MoreTo avoid disagreements, it is best to pick a set time that both parties are willing to honor. 24 hours is probably a good rule that will allow the landlord to schedule unplanned visits but also allow the tenant to prepare for the visit.
Read MoreHow does a landlord evict a residential tenant? Here is how the process works in a nutshell. Note that this is for a tenant renting a place to live (residential tenant), not a tenant renting a place to operate a business (commercial tenant). A contested eviction can usually be accomplished in three steps.
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