Legal Question in Landlord & Tenant Law in Utah

Breaking a lease

I'm obligated to a 1 year lease that expires in April 2006. The lease states that a $1200.00 penalty will be required if the lease is broken. I gave 30 days notice in writing, stating that I can no longer deal with the resident above me. His birds leave droppings, feathers, etc on my porch and it is very unsanitary, and he stomps around at all hours. We have also heard him threaten other tenants with violence to their property. My landlord said I would still need to pay the penalty. She stated that she could not accept my termination notice if I did not pay the penalty in full. I have communicated my complaints (orally) with the landlord on numerous occasions, but with no satisfaction. My family and I are scared of this resident (we have small children, to include a cognitively impaired minor child), and we just want out. Do we have recourse? Are we more than likely going to loose a civil suit even with our complaints noted, or should we just pay them the penalty and move? Please help, we are at our wits end... Thank you for taking the time to consider my question.


Asked on 10/04/05, 12:29 am

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Breaking a lease

I would need to see the lease and review the law of constructive eviction in UTAH, but you may have a defense if you move and are sued for the $ 1200.00, especially if the apt is re-rented right away (and the LL has no damages.)

Call or e-mail for further assistance.

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Answered on 10/04/05, 7:26 am


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