Landlord Duties in Utah
Landlord and Tenant in Utah | Covenant of Quiet Enjoyment
Duties of a Landlord in Utah
A landlord does not have very many duties imposed on him by Utah law. A landlord’s main responsibility is to deliver possession of the leased property to the tenant at the date the tenancy is to begin. If a prior tenant is still occupying the property, it is the landlord’s duty to remove the unlawfully residing tenant. If this duty is breached, the tenant has a right to recover any damages caused by the landlord’s failure. Estate planning attorneys can help someone receive damages.
The landlord does have a duty to protect the tenant’s right of quiet enjoyment of the property. A landlord’s promise that the tenant has the right to quietly enjoy the leased premises is probably a landlord’s single most important promise contained in the lease. The covenant of quiet enjoyment is often found in the express written language of a lease. Even without an express written promise, Utah courts find that such a covenant is in implied in the lease unless the lease contains a specific clause to the contrary.
Covenant of Quiet Enjoyment in Utah
The covenant, or promise, requires the landlord to refrain from disturbing the lessee’s possession in any way. Disturbances could be forcible eviction, issuing a conflicting lease to another person, or other actions that would frustrate the tenant’s purposes for entering into the lease. Violation by the landlord of the covenant of quiet enjoyment give rise to an action for trespass.
Contrary to the general rule that promises in the lease are independent, the landlord’s promise of quiet enjoyment is a dependent covenant. Breach of the promise justifies the tenant’s nonperformance, and allows for termination of the lease by the tenant. A landlord’s breach of the promise may take the form of an actual eviction, a constructive eviction, or an eviction by a third party holding a paramount title.
Utah Estate Planning Lawyers Protect Tenanats
If you have a landlord who has violated your covenant of quiet enjoyment of the leased property, call the estate planning attorneys at Salcido Law firm. The property law lawyers from SLF will help you protect your rights and help you receive any compensation you are entitled to by a landlord’s failure to protect your right of quiet enjoyment. Call the attorneys today at 801.413.1753.