Crook & Taylor Law - Professional legal services in employment, real estate, and business law

Quick Tip Articles

Utah Landlord Lawyer

Resolving Disputes Over Land Use Code Violations

As 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. These laws are usually interpreted and enforced by local government entities, typically cities and counties (the “local government”). Sometimes, before developing or using a property in a certain way, the landowner must seek permission from the local government. And, sometimes the local government notifies the landowner that the law does not allow the proposed use and denies permission. When the landowner disagrees with the local government’s interpretation of the law, a dispute arises. Sometimes the local government approves of a landowner’s development or use, but other citizens disagree with the approval. This scenario also creates a dispute. This article will briefly address options in attempting to resolve disputes involving land use code violations.

Read More
One Tricky Sentence to Add to a Prohibition of Sublease Provision

Almost 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 More
What is a Commercial Landlord’s Duty to Mitigate?

Fact 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. 

Read More