Comments on: Penalty for breaking a lease…

By: melena

melena — Wed, 08 Aug 2012 05:25:26 +0000

i was suppose to move into a apartment spt1 2011 i went to the apartment to clean and noticed the walls were damp from the paint was chipping the ceiling looked like it had previous damage when i asked the landlord before signing a lease he said its musty due to not having a renter in 2 months i asked if it leaks “OH NO OF COURSE NOT” he wants to break the lease instead of repairing the problem i am left with 2 weeks to find a apartment I had already given my notice to the other lanlord What can I do if anything

By: Randy

Randy — Tue, 18 Nov 2008 20:08:45 +0000

I agree mediation is ALWAYS better than going to court. If you are considering mediation, I would suggest doing it through the RPA, here’s why:
1) The case is documented as public record
(this keeps your landlord more honest)
2) The Agent will have dealt with this exact situation 100’s of times over
3) The program is subsidized so you only pay a processing fee of $35
4) Finally– they’re the Rental Protection Agency!
I think the best resolution will be made through the RPA. I first learned of this agency when one of my renters file a complaint on me. I was so impressed with the Agent and how the case was handled that I registered to be an RPA Approved Landlord. I’ve always been an ethical landlord, but now I have the credentials to prove it.
Good Luck!

By: catherine

catherine — Tue, 18 Nov 2008 13:48:56 +0000

Thanks Randy, You hear so many different views on our legal rights, even from lawyers. I’m in dispute about the carpet situation. I have filed a complaint cos our landlord is not responding to our phone messages and emails to try and resolve the whole issue, from her email he has given 7 days before replacing the carpet. I thought a mediator would be a good place to start, what do you think?

By: Randy

Randy — Tue, 18 Nov 2008 12:44:13 +0000

To answer your questions based on Utah Rent Laws and your contract:
QUESTION: Can my landlord keep my deposit?
ANSWER: Yes. The rent laws in Utah rely mainly on the contract made. In the contract it states that if the lease is terminated early the deposit will be forfetied, regardless of reason. The law will side with the landlord in this case. You breached the agreement, the deposit is forfeited.

QUESTION: Shouldn’t my landlord deduct charges from the deposit, even if I broke my lease?
ANSWER: No. They can, but most don’t. Since the lease agreement was terminated early, the landlord gets your deposit, period. Therefore the deposit is in essence gone.

Breaking a lease early has severe penalties. I’ve seen some other property managers go so far as to not market their rental just so they can continue to collect from the individual that signed the lease. If you think about it, there is little motivation for your landlord to find a new tenant. Although I personally feel the practice is unfair, it still commonly happens.