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
An 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 More
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 More
We 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 More
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
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.
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.
No. 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 More
The 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 More
There are at least 5 different kinds of eviction notices in Utah:Read More
If 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 More
Many 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 More
To 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 More
How 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.Read More