State Specific Question About: UTAH (UT)

This is the 30 day notice of intent that we received from our renter:

"This is formal notice that I intend to extend the current lease on a MONTH TO MONTH rental basis beginning Sept. 1, 2009. The rental will continue at the present rate and will not extend beyond April 30, 2010 without expressed consent in writing by the property owners. If I choose to vacate the premises before April 30, 2010, a 30 day notice to vacate in writing will be provided by me to the property owners. If vacating the premises before the last day of a month, the rental rate will be pro-rated on a daily basis at the current rental rate and I will only be charged for those days in the vacating month that I am still residing in the rental property.

If the property owners choose to move back into the said rental property, they will provide to me a 30 day notice of intent in writing. However, intent to move back into said rental property shall not occur earlier that April 1, 2010 to preclude from having to move during the winter months."

Now, when we signed this contract, it was our understanding that the tenant was going by our rental agreement. This is what I posted last Sunday:

"We hired a Property Management Co. to take care of our property when we moved out of state. The tenants signed a year rental lease agreement and it ends tomorrow, August 31, 2009. When we came back to Utah in Jan., we told the Property Management Co. that we wanted to take over, she told us to meet with the tenants and let them know that there were no changes to the contract and that the rent stays the same and to send the rent money directly to us. My husband swears that he had the renter sign an addendum, but he cannot find it. When speaking to the renter about having a second pet on the property, when he was told he could only have one, he stated that the contract between the Prop. Co. and him is null and void and that the only contract he has with us is paying of the rent. Is this correct? Does this mean that he can live in my house without any terms or conditions??"

So we didn't have a problem signing this agreement until he pulled the "we don't have a contract, all I pay for is rent and I can do whatever I want to on your property". But now that he says that it's just rent he has to pay, he's brought another dog on the premises (didn't ask our permission and won't pay another pet deposit), smoking on our back porch (lied on his application, said he was a non-smoker) and told us that he expected his whole security deposit back, even the $250.00 NON-REFUNDABLE part of the security deposit (which HE wrote in the side margin "Refunded if I clean" by it, there are no date or signatures from the Prop. Mgr or myself...he wrote it in himself when we took over the contract from the Prop. Mgr.

I know this is long and detailed, but is there any way that we can get this guy out?? Serve him a 30 days notice on Tuesday, Sept. 8th and have him out by the end of Oct...he contradicts himself all over this 30 day notice of intent, so can we kick him out BEFORE THE WINTER MONTHS????

Please be gentle with your comments, we already feel totally naive and stupid!

By the tenant's own addendum, stating they were to extend the current lease, but change their lease term to MTM, in effect, the old lease other terms stay in effect, illregardless if you or the PM has the contract with them...so it is my opinion that they are still violate the agreement with the second dog. You could serve them a cure or quit for the 2nd dog, but since it is now a month to month agreement, I would think you are better off simply doing as you thought...give them notice now to vacate by the end of October, with no details why...keep it short and sweet...Get Out...

You seem to have a pro & knowledgeable tenant the has learned how to bluff other landlords in the past with succcess...time for him to find out "It won't be working with this Landlord".

Refund If I clean is also smoke...since you did not agree in writing to that...

You didn't sign tenant's lease, did you?

When does the initial lease expire? Sounds as if tenant is writing his own lease. Don't go for it.

If you did sign it, give them 30 day notice and they can either sign YOUR lease or leave.

Also, what are renewal terms in your old lease?

My leases are for a year and renew month to month automatically unless either party gives 30 day notice.

The original lease expired Aug. 31, 2009. He says that the 30 day notice of intent to stay IS the contract and won't sign another one from us.

don't give up. kick him out and try again.

Thank you all for your insight, I appreciate it greatly!

Since when does a tenant draw up a contract and dictate the terms of occupancy in your rental property??? Run, not walk to your nearest attorney. He sounds like a smart-alec wiseguy.

Your lease should have a clause stating that your year's lease will automatically revert to month to month and that ALL rules and conditions of the original lease remain. It should further state the 30 day notice requirement of either party to terminate the month to month tenancy as well as increase in rent.

looks like the GROUP was pretty gentle with you.

Maybe i'm wrong-- but i think most state laws concerning LL/Tenants allows the lease to automatically go to m2m if a new lease isn't signed. Then state law prevails.

I'm in 100% agreement with those here that said give this bum 30 days notice to vacate-- don't get wordy-- it will only give the tenant ammunition to attach you verbally again.

A few male, and tough female, tenants try to bully me. If it's not important I just smile. If it is, I bring the big handyman with me when I talk to them. He just smiles also but it makes a big difference in how they talk to me.

Don't EVEN put up with this; it will only get worse.

No tenant writes a Lease or Addendum. I'd laugh and file it away. Who does he think he is?

I'd give him a short notice to vacate in 30 days.

Dear X,

Please be advised that your Lease has expired and your tenancy will not be renewed.

Please vacate by 9/30/09, leaving the premises in the same rent-ready clean condition in which you received them. Thank you for your prompt cooperation in this matter.

Sincerely,

X

Google "Utah renters handbook" You only have to give him a 15 day notice to vacate UNLESS the lease you had with him said 30 (or whatever), if I understand correctly.

Find that addendum asap (does he have a copy he can use against you?). Give him appropriate written notice to vacate ASAP. If he doesn't leave, then when you fill out the eviction papers the reason for eviction is "termination of tenancy".

THe Utah state courts site has a landlod/tenant info page.

Again, I would like to thank everyone for your comments, you have given some great advice and I will NOT be intimidated by this man anymore! We decided to look around for an attorney (some here offer a free consultation) and go from there.

Don't let this guy or anyone intimidate you.

I hope you didn't sign his "notice?"

As long as you haven't agreed to it in writing. . .there is no agreement.

So yes, get a MEAN attorney and chase this guy off.

Don't freak out, just understand the ALDO rule:

The Landlord is in charge, the tenant is NOT.

Time to be in charge.

You never know, you might just make a fine LL in time. We all take our lumps along the way and have wacky situations crop up.