State Specific Question About: UTAH (UT)

You can demand the full months rent plus any expensess and loss of income he may have caused you by overstaying his lease.

You business operates on your time table not his.

You can win this case, the real question is can you collect it.

What is your lease say about holdovers?

Holdover turns in to a M-T-M, all previous lease conditions applies.

My lease on Holdovers:

You or any occupant, invitee, or guest must not hold over beyond the date contained in your move-out notice or our notice to vacate (or beyond a different move-out date agreed to by the parties in writing). If a holdover occurs, then: (1) holdover rent is due in advance on a daily basis and may become delinquent without notice or demand; (2) rent for the holdover period will be increased by 25% over the then-existing rent, without notice; (3) you’ll be liable to us (subject to our mitigation duties) for all rent for the full term of the previously signed Lease Contract of a new resident who can’t occupy because of the holdover; and (4) at our option, we may extend the Lease Contract term—for up to one month from the date of notice of 125Lease Contract extension—by delivering written notice to you or your apartment while you continue to hold over.

From the Supreme Court of Utah...

Even in the absence of the language in the holdover provision, the prevailing rule is that the terms of a fixed lease apply to the terms of a holdover tenancy.

The Supreme Court of Utah, for example, has called it a "firmly established rule" that proof of a holding over after the expiration of a fixed term in a lease gives rise to the presumption, which in the absence of contrary evidence will be controlling, that the holdover tenant continues to be bound by the covenants which were binding upon him during the fixed term.

caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=421646&invol=o01

My lease with my tenent stated that the end of the month at midnight was the end of the agreement. He is stating that he automatically has 30 days?

What the tenant thinks about YOUR lease is in-material. He does not get 30 days automatically.

Now he is only staying for two more weeks. Can I demand a full months rent.

Absolutely you should do so right away.

Do I have to pro-rate for day to day?

Nope. However...You may have to prorate the month to two weeks in your security deposit accounting.

My guess at how this will turn out:

Tenant will not pay the rent for the month of November. Tenant will move out in 2 weeks.

You will do one of two things. Start eviction proceedings. Or wait it out and deduct 2 weeks of unpaid rent from the security deposit.

You have a security deposit don't you?

The way it goes for me with month 2 month agreements typically. I include a 30 day notice to vacate the dwelling blank form with the rental agreement.

Tenant calls me and lets me know and I tell them that they must turn in the 30 day notice form. When I receive the filled out notice I send them a form of a notice of receiving the 30 day notice offering them a pre-move out inspection per CA law. In this notice it tells them what their last months rent will. Regardless if it is a normal monthly rent or if it is less than 30 days.

The 30 day clock starts with the filled out notice from the tenant.

I also send a Move out courtesy letter that tells them what to do to get back all of their security deposit.

A good set of forms, customized to your properties, makes the vocation of LL'ing =SO= much easier.

In my rental agreement I have them initial the must submit a 30 day notice of intention to vacate.

Set up something like I laid out above. These forms will make it possible to end your positive LL/TT relations on good terms.

Less stress for both of you. :)

Notice of Intention to Vacate

To: Lippy Landlord (Owner) From: _______________________________Tenant/s

Todays Date _______________mm/dd/yyyy

Please be advised that on ___/___/20___(Date you intend to be completely moved out)

I/We intend to move from our residence located at: 123 Renters Street, Apartment # _____ Long Beach CA 90804

We understand that our rental agreement calls for 30 days written notice before we move and that this is my/our 30 days notice. We understand that we are responsible for paying rent through the end of the 30 period which begins with the submitting of this document.

We understand that our Security Deposit/s will be refunded within 21 days after we have moved out completely and returned our keys to the Owner. So long as we leave our dwelling reasonably clean and undamaged. No part of these Security Deposit/s may be applied to the Tenant/s last month's rent.

That is not the purpose of Security Deposits. (Per Civil Code 1950.5)

Reasons for leaving: ____________________________________________________________________________

Forwarding address:____________________________________________________________________________

In accordance with our Rental Agreement, we agree to allow the management to show our dwelling to prospective Tenants at any and all reasonable times.

Tenant _______________________________ Tenant _______________________________

=CA State law LL form=

Moving Out Courtesy Letter

Dear Resident/s,

Moving time is always a busy time, and you will have lots of things on your mind now that you have given notice you are moving. One of those things undoubtedly is how to get your security deposit back. In your case, they amount to $____.__ (see your Rental Agreement).

Contrary to what some Residents believe, I want to return your deposits. To get your security deposit returned you need to leave your dwelling in clean and good condition except for reasonable wear and tear.

Cleaning Check List:

1.) Clean the Stove exterior, meaning around the burners, the drip pan areas, the cook top surface, the interior of the oven and broiler.

2.) Clean the kitchen cabinets (under the sink too) both inside and out, remove all NON-adhesive shelf paper. Clean the hall linen cabinets and the hall closet both inside and out. Clean the bedroom closet and the cabinets above the closet both inside and out.

3.) Use an appropriate cleanser on the shower/s, tub/s, toilet/s, sinks, mirror/s, and medicine cabinet (inside as well).

4.) Dust the ceilings (for cobwebs) baseboards, window sills.

5.) Wash the kitchen and bathroom walls and spot-clean the walls in the other rooms.

6.) Wash the light fixtures.

7.) Wash the windows inside and out. Clean the mini blinds.

8.) Vacuum the Carpets.

9.) Scrub the floors in bathroom, kitchen and dining area.

Remove all personal belongings including clothes hangers and cleaning supplies.

"Reasonably undamaged" means that items which I have supplied should not be missing (including working light bulbs) or broken. A shower curtain and curtain hooks were provided when you moved in. I expect that a shower curtain and hooks be there when you move out. You should not have excessive "pulls" in the carpet (if you have Berber carpet). All new holes, tears, burns, or stains of any size or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and tear.

Do not leave a refrigerator that you own. If you do not want the refrigerator that you own. You must dispose of it in a certain manner for safety reasons. You must take it to the city dump and you must have doors removed. If you have a refrigerator that I own. It must be cleaned inside and out. Leave the doors open please.

Dispose of all trash "inside" of the dumpster. Do not dispose of any large items such as furniture, box spring or mattress. Any excess trash that cannot fit into the dumpster must be taken to the City Dump. Any large items such as furniture must be taken to the City Dump.

As you are moving your items out please try to avoid nicking the paint in the halls and doorways. Thanks!

Be aware that until you have returned =All= of your keys, you have not "officially" moved out. You are still in possession and therefore you are obligated to pay rent. These keys include the front door key/s your mailbox key/s the key/s for the rear gate & laundry room.

Please make sure you submit a change of address form with the local post office to have your mail forwarded. Any mail received at your old mailbox will be returned to sender. Or turned in to the Postal Office.

I will do the security deposit accounting pursuant to California Civil Code 1954 and mail to you with in the legal time frame at the address you have provided. I expect you to have moved out completely by the date you entered on your "Notice of Intention to Vacate". If your moving plans should change I need to be notified immediately.

I hope your moving goes smoothly, and I wish you happiness in your new home. It's been a pleasure having you as part of Our Neighborhood.

Sincerely,

Lippy Landlord (Owner)

Works like a charm! Try it Shawn you may like it! Change the forms to your needs and state laws.

Happy to help. Go forth and rent that property.