When it comes time for a property to be returned to a rentable condition after a tenant leaves there are several points you should be aware of. In a previous blog post, Park City Property Management - 3 Key Time Periods For Lease End, I covered some of the main points. In this post I would like to deal specifically with the idea of damage versus wear and tear, particularly when it applies to determining the amount of deposit to refund to a tenant.
Definitions
Let me preface these definitions by first saying that I am not an attorney and this should not
be construed as legal advice. The purpose of this blog is to point you in the right direction if you have questions and provide some basic information. If you need further information I suggest you contact an attorney who specializes in Utah property management. Perhaps the most concise definition of "wear and tear" is unavoidable deterioration resulting from normal use. The idea of normal use is somewhat expounded upon in the Utah Fit Premises Act with ideas like reasonable and "in the manner for which it was designed" highlighting the correct care of a property and terms like "negligently destroy" defining the incorrect care. Damage, as you may already understand, is something that did not arise from the normal use of a property. Part of being a responsible tenant is notifying your landlord in writing if there is a necessary repair. I discussed this in more detail in Tenant Tips - 4 Tips From A Park City Property Management Company.
Examples
I think that providing a few examples of damage versus wear and tear will help to establish a base line for determining things on their own. It is impossible to cover every situation and terms like "reasonable" and "negligent" can be very subjective. This list is not meant to be exhaustive but rather to help establish an idea of what constitutes both concepts so the reader can make a more informed judgment going forward. With that in mind lets begin. A 
loose or sticky door handle, or a handle that falls off would be considered wear and tear but a broken door handle or door jamb from a forced entry would be considered damage. Carpet that is worn and in need of cleaning would be considered wear and tear while burns, tears, stains, and other similar items would be considered damage. The same could be applied to an linoleum or wood flooring in a property. Scuffing, dull finishes, and fading are wear and tear while gouges and tears would be damage. An oven burner or range element that no longer works would be wear and tear while a missing burner, oven racks, or other parts would be damage. Microwaves quit working, plumbing leaks, faucets drip, and disposal seize up. These items are all wear and tear. Missing microwave trays, repeatedly clogged drains, broken faucets, and a fork in the garbage disposal could all be considered damage. Cracks in walls due to settling along with faded, cracked or chipped paint is standard wear and tear while holes in walls from paintings and pictures that are not properly patched, sheet rock damage caused during moving, and an unauthorized paint color applied by a tenant would all be reasonably considered damage.
Summary
I could continue on with many more damage versus wear and tear examples but I think we all get the picture. Best practices for landlords and tenants is to always perform a walk through when moving in and use a form that spells out landlord and tenant responsibilities and allows a tenant to make note of any items or conditions in the property that are present at move in. If you encounter a situation that is perhaps not as clear as the ones listed above communicate with your tenant and work towards a reasonable compromise for all parties.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
We all know the classic image of an ostrich with its head buried in the sand. We probably all laugh at how foolish the ostrich looks and wonder how it could possibly think that by covering only its head, while its entire body is completely exposed, it can somehow avoid something dangerous. In today's blog post I would like to talk a little bit about how landlords and tenants sometimes bury their head's in the sand in Park City property management.
Avoidance Behavior
Dictionary.com defines avoidance behavior as "a pervasive pattern of avoiding or withdrawing from social interaction; a defense mechanism by which a person removes himself/herself from unpleasant situations". I'm not saying we are all completely avoiding difficult situations, or withdrawing from any social interaction. And if you are then this blog is DEFINITELY not the kind of help you need. However I'm sure we've all been in situations where a problem must be faced, sometimes big and sometimes small, that we would rather not deal with for a variety of reasons. I'd like to take a look at some situations that can occur in property management in Park City where burying your head in the sand and ignoring the problem can only lead to further complications and difficulties.
Ostrich Landlords
Let me paint a picture for you that perhaps you can relate to. It's Friday afternoon, you're getting ready to enjoy a nice weekend with your family once you finish up with work when you receive a phone call from your tenant. To spice this up a little more let's say that the tenant always pays on time, takes care of your property, but is always calling you about ticky-tacky items to the point where you are becoming frustrated with the frequency of their calls.
The tenant tells you there is some water under the kitchen sink and they aren't sure where it's coming from. Here is your ostrich moment. You could very easily tell them to put a towel under the sink and you will stop by when you have a moment, and then get busy enjoying your weekend. Or you can face the issue head on and solve the problem. The water could easily be coming from a loose drain connection that simply needs tightening, or your tenant could have just spilled something when they were throwing some garbage away, not noticed, and then later discover the water and think there is a plumbing problem. Or you could have a worn out connection on the pressurized cold water line that is one slight nudge away from failing completely and flooding the property when your tenant is also out enjoying their weekend. The truth of the matter is you don't know. So don't bury your head in the sand, get over there, solve the problem and get on with enjoying your weekend. Or better yet hire a Utah property management company and never worry about this scenario again.
Ostrich Tenants
Now let's take a look at avoiding a difficult scenario from a tenant's perspective. The first of the month is just a few days away, you've had some car trouble that ended up costing you a lot and you're in a position where you can pay rent or buy some groceries but you can't do both. Your next paycheck is more than a week away which also happens to be past the deadline for late payment spelled out in your lease. This is your ostrich moment. You can go about your week, pay your landlord when you get the money and hope nothing bad happens. Or you can contact your landlord, explain the situation, and express your desire to pay rent and fulfill your obligations, and let them know when the money will be available. Facing the problem will keep your landlord informed on the situation and they should be willing to work with you as you've been a great tenant and they understand that everyone gets in a tight spot sometimes. You will avoid phone calls from the landlord wondering where rent is, posting of notices, and possible eviction proceedings.
For more information on Park City, Utah property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
In Park City property management, as in many things, an ounce of prevention is better than a pound of cure. Many complaints can be mitigated by being a proactive property manager or landlord. Complaints are also a great opportunity to strengthen landlord-tenant relations through effective communication and problem solving. I firmly believe in the idea that good landlords make for good tenants so take some time to review the following complaints I have listed as well as possible solutions. They will help your forays into property management to be successful endeavors.
1. Something is Broken
Any property owner can testify that eventually something will break. Plumbing will develop a
leak, appliances will fail, components like door knobs and window latches wear out. Everything in a property has an expected useful life and will eventually need to be repaired or replaced. Rather than viewing a maintenance item as an annoying problem it should be viewed as an opportunity to reconnect with tenants, view the condition of the property, and grow the relationship of trust that should exist between property managers and tenants. Respond quickly to a request, no matter how small, and let the tenant know how quickly it can be addressed. Even if you are not able to get to the request within a few days staying in communication with a tenant will let them know you are invested in solving the problem and concerned about the condition of the property. You will find that most tenants are reasonable to work with if they know action is being taken. If you would like more information about handling maintenance requests, legal requirements, and best practices check out my blog post Maintenance Laws For Park City Property Management.
2. The Neighbors are Noisy
Unless the property you rent is a cabin in the middle of nowhere you will eventually hear from your tenants complaining that the neighbors are doing something annoying. The first step in solving the problem, similar to a maintenance request, is a timely response acknowledging the tenant's complaint and letting them know you are working on a resolution. Are you beginning to see a theme here? Whether the property is part of a condominium or apartment community with specific quiet hours or a single family home that is subject to local noise ordinances this is an instance where knowledge is the best weapon for a landlord. Get educated on what constitutes an actionable nuisance with the community where your property is located and what are the steps that can be taken to resolve the problem. If the complaint submitted by your tenant does not qualify as a nuisance an honest conversation about expectations is in order. If there is a legitimate nuisance asking your tenant if they have attempted to have a conversation with their neighbors about the problem is the first step you should take. Encourage them to open a dialogue with their neighbors if they are willing. If the problem persists it may be necessary to get a home owner's association or local law enforcement involved. For more information and resources on Utah nuisance laws check out my blog post Nuisance! Definition And Info For Park City Property Management.
3. It Was Like That When I Moved In
This could also be described as a tenant excuse depending upon the situation but when it
comes up a smart landlord should have a few tools at his disposal. If the problem being brought to your attention was legitimately present when the tenant moved in then making a good faith effort at fixing the problem is the only course you should pursue. If not there should be two things you can fall back on to determine how the situation occurred. The first thing a landlord should do is inspect a property before a tenant moves in. When the tenant moves in they should be provided with a move in form where they can make note of any conditions present in the property that existed upon move in. These two items can help landlords and tenants avoid misunderstandings.
If you are interested in learning more about property management Park City Utah download our free white page "5 Questions Every Landlord Should Ask Themselves".
In my experience most people, when made aware of the rules, will make an honest effort at doing the right thing. As a Park City property managment company I try and arm tenants will all the knowledge necessary to make their rental experience an enjoyable one. I've created these few tips to help tenants maintain a positive relationship with their landlord or property manager. These are a few of the common mistakes or misunderstandings I see tenants make through the course of renting a property and I hope that by making this information available it can be of benefit to both tenants and landlords.
Pay On Time
If rent is due on the 1st and late on the 5th then when should you pay rent by? This is somewhat of a trick question because I gave you the answer. If rent is due on the 1st then pay on the 1st. Or better yet pay before the first. From the perspective of a landlord on time payment is huge and paying ahead of time is even better. The last thing a landlord or property management company wants to do is chase rent, post notices and fees, and hound tenants every month to pay rent. In today's rental environment there are so many methods of payment, from online payment portals, credit or debit cards, and auto deposit, to banks automatically sending checks out each month there really isn't an excuse for not paying on time. I put this tip first because it is the biggest. Paying on time makes landlords happy, you can rest easy knowing your bills are paid, and a sense of trust will develop beyond the bounds of a simple lease agreement.
Written Requests
If the property you reside in is in need of some maintenance one of the best ways to submit your request is in writing. Many leases require this and it will help your landlord track and 
manage maintenance requests so they may be quickly completed. A phone call is also useful and can be done in conjunction with a written request, especially if there is more or new information about the maintenance that needs to occur. However writing should always be the primary means of communicating a request. Stopping a maintenance technician while you are on your way out and asking them to take care of a long list of items is a sure way to create less than adequate results and multiple visits. Just take a moment to let your landlord or rental property manager know in writing what is required and you will be much happier with the results.
Rent Deduction
Most leases clearly spell out any parameters for rent deduction but if they do not you should
never, without your landlord's permission, deduct from your rent the cost of any maintenance repairs or any other item you feel should be paid for by the landlord. If you are willing to enact a repair on your own and you are qualified to do so always check with your landlord first. Submitting the request for maintenance and your proposal to fix it in writing is always the way to go. Please do not go out and buy a new microwave when the old one decides to die. Always run this by the landlord first to see what their plans are for the property. In my experience some landlords will want to replace some or all of the appliances to update the property. So check with your landlord first before making a purchase on their behalf.
Lots Of Notice
Sometimes life can throw you a curve ball requiring you to pick up your life and move somewhere else. But most of the time you will have a pretty good idea of if and when you will need to move. Most leases have specific requirements on the amount of notice that must be provided at the end of a lease. There are also state laws that you should also be aware of. But the best practice is to give as much notice as possible to your landlord. If it is January and you know you will be moving when your lease is up at the end of March don't wait. Be a courteous tenant and give advanced notice of your move. This leaves a great impression with your landlord and they will be a stellar rental history reference going forward.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
There have been significant developments in light technology over the last few years. We are all familiar with CFLs (compact flourescent lights) and the energy savings that can be found in their use. However there is another type of lighting option making itself available to landlords and property management companies; LED or light-emitting diode. These small and efficient lights can have a big impact for Park City property management in several areas. While the initial cost of an LED is significant when compared to a standard incandescent bulb the costs of LEDs are continual dropping through improvements in manufacturing. Lets take a look at potential savings.
Energy Savings
A typical incandescent light bulb that you might find in a rental property would be a 60
watt bulb. On a side note a "watt" is a measure of energy usage over time, specifically joules per second. So while an average incandescent bulb is rated at 60 watts an LED bulb of comparable lumens, or brightness, is rated at 12.5 watts. This is nearly an 80% decrease in energy consumption! To calculate a potential savings lets assume that the energy costs for your area are 15 cents/kWh. Over 10 years a single incandescent bulb will cost $197 in electricity alone, assuming an average of 6 hours of use a day. With our energy efficient LED bulbs the electricity cost is $44, again a near 80% decrease in cost! Some property managers may raise the point that electricity is a separately metered expense that a tenant pays. I would counter that thought by saying that installing LEDs is a significant sales pitch that translates into actual dollars saved by tenants. Utility costs are a frequently asked question when it comes time for a tenant to compare rental properties. Having a leg up on the competition when it comes to utility costs is very beneficial for Park City property management.
Maintenance Savings
Imagine not having to change a light bulb for 11 years! No this is not science fiction, this is the reality of LEDs. You average incandescent light is capable of lasting around 1000 hours. LEDs on the other hand have lifespans from 25,000 to 50,000 hours or more. Most current information on LED lifespan indicates that experts really don't know how long the bulbs could last. LEDs don't actually burn out either. The lifespan given for LEDs is measured in the time it takes a bulb to reduce its light output by 30%. This was decided as the point at which an average person would notice a difference and change the bulb. Who exactly can remember how bright a bulb was 11 years ago is beyond me! Also in fluorescent light fixtures an LED does not always require a ballast. This can dramatically cut down on the complexity of the fixture and means you would never be subject to flickering lights, annoying buzzing, and the necessity of replacing a ballast every so often. 
Going Green
Operating a business in as green a manner, whether a Utah property management company or a one property landlord, is beneficial for you, your tenants, and the environment as a whole. As I have shown traditional incandescent bulbs require significantly more energy over the lifespan of the bulb to operate. CLFs also have a reduced energy cost however all fluorescent lights contain mercury and lead, elements that can be very damaging to an individual and the environment and require that bulbs be disposed of at appropriate facilities. LEDs on the other hand do not contain mercury, lead, or other dangerous elements, are almost completely recyclable, last for over a decade and provide efficient lighting for home or business. To find out more about LED lighting you can visit energy.gov or All American LED, a local Utah company specializing in LED lighting.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
All good things must come to an end. In Park City property management tenants move on and new tenants must be found. I recently wrote a blog about property turnover that can help you be aware of some crucial time periods relating to lease end: Park City Property Management - 3 Key Time Periods For Lease End. In this post I would like share some tips and information on advertising and marketplace that can help property owners find great tenants and optimize rental income.
Evaluate The Marketplace
The first step in determining what you property should rent for is marketplace evaluation. Is your property part of a condominium development or is it a single family home? What price are similar properties in the area advertised at and how long have they been advertised at that price? What condition is your property in and will this affect the amount of rent you can charge? Are there features to your property that add value when compared with similar properties? These are some of the basic questions you should ask yourself when attempting to determine an appropriate amount of rent. There are many resources available to help you answer these questions. If you are a veteran landlord you probably already have some
marketing channels established that have helped you secure tenants in the past. Take some time to review other offers available on these and other channels to determine if the price you have in mind is in line with the market value of comparable properties. Places like craigslist, local newspapers, and other property listing services are a great place to gather information on your market and what direction rents are trending. Be honest in evaluating your property against other offerings you find. Also look at the inventory available and how your property compares. If you have a three bedroom condo to rent and there are only two bedrooms available you can try advertising at a slight premium and see what traffic you receive.
Property Description
"Condo for rent" may be an accurate description but let's be honest, it's a little bland. Be creative in your description and highlight the features of your property. Listing the number bedrooms, bathrooms, and other basic information is important but spice it up with words that have some feeling or emotion attached to them. Is your rental property a home or a quaint bungalow? Are you trying to rent a large condo or a spacious condominium with high ceilings and an open floor plan? Using words that catch the eye and help you stand out from other offerings are a big step towards. Don't be afraid to stray from the norm in your descriptions.
If you are looking for an example of a hilarious and eye catching description then Google "nissan xterra for sale ninja". The owner of an average SUV describes his vehicle as "engineered by 3rd degree super ninja warriors", that the automatic transmission will help you "shoot your machine gun out the window" when you are being chased by Libyan terrorists, and that there are only "69,000 miles on this four-wheeled hellcat from Planet Kickass." Now you probably shouldn't describe your property in such hilariously over-the-top terms but you can't argue that the vehicle owner's description definitely helped him stand out of the crowd.
Offering Incentives
People like free stuff; it's as simple as that. Coming up with valuable incentives can help a vacant property become an occupied one quickly. An example of a great incentive would be offering a week's free rent with immediate move in. This way a prospective tenant feels like they are getting a deal and you are getting your property rented. Make sure there is some type of restriction or sense of urgency tied to your incentive. This way a potential tenant will need to act quickly in order to obtain the offer. If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
I often like to tell my friends or associates who are renting a property if they have too much time on their hands they should buy a house. With any property comes maintenance, whether you manage a property on your own or use a Park City property management company. And knowing that every renter or owner will come across this issue at some point I feel it is a good idea to cover the legal requirements as well as best practices when it comes to handling maintenance requests for rental properties.
Owner's Responsibility
In Utah the most complete definitions of responsibility for both an owner and a renter can be found in the Utah Fit Premises Act, adopted by the Utah legislature in 1990. Generally the law requires that an owner "shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located." The act also spells out specific items that an owner is responsible for maintaining, these items are sometimes called habitability items or items that are essential to a standard of habitability. The owner may not rent a property
unless it is "safe, sanitary, and fit for human occupancy" and is specifically required to maintain electrical systems, plumbing, heating, hot and cold water, and air conditioning systems if they are installed in the property. The act calls for maintaining of any appliances or facilities specifically mentioned in a lease and common areas of a residential property. However if the property is a condominium this may be taken care of by a Utah property management company and paid through HOA fees. As long as these conditions are not caused by the renter, their family or guests, or a use of the property that violates the rental agreement or applicable laws the condition is legally termed a "deficient condition". If a deficient condition exists in the standards of habitability a corrective period of three days is given for an owner to take substantial action towards a repair once the owner has been notified. If the maintenance item poses a risk of loss of life or physical harm the corrective period is shortened to 24 hours. The Fit Premises Act also states that it (the act) does not apply to "breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter." This is not to say that if something doesn't affect the safety of a renter then an owner is not responsible for fixing it!
Renter's Responsibility
The Fit Premises Act also spells out specific requirements for renters when inhabiting rental properties. A renter is required to "maintain the premises occupied in a clean and safe condition", properly dispose of garbage and waste in a safe manner, use all electrical, heating, plumbing, and other facilities in a responsible matter. A renter is also required to maintain plumbing fixtures in as sanitary a condition as the fixtures will allow. A renter may not "intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so". A renter cannot unreasonably deny access or refuse entry to an owner or their agent who is attempting to make repairs. Also specifically mentioned are a renter’s requirements to remain current on rent payments and to not interfere with the peaceful enjoyment of the rental property or other renter's enjoyment. I cover the idea of peaceful enjoyment in another blog post: Nuisance! Definition And Info For Rental Property Management.
Best Practices
When it comes to maintaining a property there are a few simple steps that can go a long way towards creating and maintaining good renter/owner relations. As an owner you should keep in contact with your tenant through the repair process and provide them with updates as the situation progresses. This lets the renter know the problem is being taken care of and that you are a responsible landlord. For tenants being willing to undertake small repairs on your own time and at your own cost lets a landlord know you are interested in the upkeep of their property. If you are interested in learning more about Park City l property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
If you have leased a rental property as either a landlord or a tenant you are probably familiar with the term "nuisance". I would like to take some time to explain what a nuisance is legally defined as in Utah and also how the rules of a community or home owner's association can play a part in defining a nuisance.
Nuisance
Utah law defines a nuisance in two ways. The first definition describes a nuisance as "anything which is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property". The second description of nuisance lists several criminal activities. Let's take a look at those first.
Criminal Activity
This may seem somewhat obvious but types of criminal activity can also be classified as a nuisance. Drug dealing our property being used as a drug house; gambling; criminal activity associated, for the benefit of , or at the direction of criminal street gangs; criminal activity committed to gain membership, increased status, or acceptance in a criminal street gang; and prostitution are some of the offenses specifically mentioned in Utah law to constitute a nuisance. The law also states that nuisance may be subject to action by a landlord against a tenant. 
Non-Criminal Activity
Non-criminal activity deals more with the first definition of of nuisance: things that are injurious to health, indecent, offensive to the senses or somehow interfere with the free use and comfortable enjoyment of the property. Utah law also specifically lists two other non-criminal activities that can be considered a nuisance: party houses that frequently create the conditions mentioned above and "tobacco smoke that drifts into any residential unit a person rents, leases, or owns, from another residential or commercial unit ..... more than once in each of two or more consecutive seven-day periods" and creates the conditions described above. Partying and smoking are fairly obvious nuisances and in general things like loud music, pounding on floors, yelling, dogs barking non-stop, and general disregard for your neighbors could be considered a nuisance. However I would like to give an example of something that could be considered a nuisance but should be given some reasonable consideration. 
Let's say your upstairs neighbor has decided to tear out and replace the flooring in his property. He has decided to install tile that is in accordance with any community rules that may apply to flooring, he has pulled all necessary permits for the work and he is obeying any local quiet hours or noise ordinances. During the course of the work he uses a tile saw. Tile saws are extremely loud and could easily be described as "offensive to the senses" or can "interfere with the comfortable enjoyment" of your property. Is it reasonable to consider this a nuisance and pursue some action against it? In instances like this reasonable judgment should be used.
Community Nuisance Rules
Many communities or home owners associations also have rules about nuisances. If there is a Park City property manager they would be the first contact to get further information on nuisance rules in the community. General the governing documents of an association will contain a blanket statement that explains that any act or omission whereby any rule or provision of the governing documents is broken constitutes a nuisance. Most communities will also have specific rules regarding quiet hours, parking, pets, use restrictions on a property, etc. It is your job as a responsible landlord or tenant to make yourself aware of these rules and do your best to follow them. I would also recommend that if you think something you are doing could possibly be a nuisance reach out to your neighbors, landlord, or property manager and proactively work towards a resolution. For more information on Utah law you can click here.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
I would like to share an experience that can apply to both landlords and tenants regarding who is on a lease. Whether you are a tenant or landlord you hopefully are using a written lease prepared by an attorney. But a sometimes overlooked area is the named parties in the lease; specifically all individuals, over the age of 18, who will be occupying the property. In Park City roperty management having every adult who will reside in the property named on the lease is a very important step to take for both landlords and tenants.
Tenant At Will
Tenancy at will can arise from a few different sources. For example a tenant named on the lease has allowed another person to reside in the property without permission of the landlord. This person who does not have permission from the landlord is a tenant at will. A guest at the property who refuses to leave or a tenant named in a lease whose lease has expired would also be termed a tenant at will. A final example would be a prior owner who continues to reside in a home that was purchased by another party in a foreclosure. For this post the important examples are the first two, a resident without permission for the landlord and a guest who won't leave. 
A perfect example of how things can go wrong in these situations would be a tenant named on the lease invites a person to live with them, either as a roommate, boyfriend/girlfriend, or similar arrangement. For whatever reason the living arrangement doesn't work and the tenant named in the lease decides to move out. This leaves the tenant, the landlord, and the current resident in a difficult situation. The tenant is still responsible for the terms of their lease, the landlord now has a property that is occupied by a person without a lease and the resident does not have any written agreement about their rights to the property.
Unlawful Detainer
A tenant moves from a state of tenant at will to unlawful detainer when a landlord takes action to have them removed from the property. Possible causes for action on the part of the landlord can come from a tenant not paying rent, or the landlord not wanting to renew a lease to a
tenant or allow them to rent on a month to month basis. The landlord must then post either a 3 day pay or vacate notice in the case of unpaid rent or a 5 day notice to tenant at will in the case of a landlord not wanting to renew. Once the notice has been posted and the alloted amount of time has passed if the tenant still remains in the property they are considered to be in unlawful detainer. In the example I shared above perhaps the landlord has determined that the individual remaining in the property would not make a suitable tenant or the tenant named in the lease or the remaining person are not willing or able to pay rent. The remaining individual would then be in a state of unlawful detainer.
Treble Damage
I know what you're thinking and yes, "treble damage" would make a good name for a punk rock band. However treble, in this case, has nothing to do with music. Under Utah law a landlord is able to claim treble (or triple) damage in an unlawful detainer. Damages that can be trebled, or tripled, include rent, damage caused by the tenant (in court these damages are refered to as "waste"), and the abatement (getting rid of) of any nuisance caused by the tenant. Attorney's fees can also be included in a judgement however they cannot be trebled. If you, as a tenant, find yourself in an unlawful detainer the best decision you could make is to quickly pack up your belongings and leave. Don't put holes in the walls or an other unnecessary damage as this can come back to hurt you in a court case. For landlords in an unlawful detainer it is recommended to keep accurate records for rent, waste and abatement in the event your case does go to court. Mistakes on a landlord's part could lead to a case being thrown out. In eviction cases it is always recommended that you consult an attorney familiar with your state laws or engage the services of a Utah property manager who has a working relationship with an attorney.
If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".
There comes a time with every rental property when a lease ends. Hopefully the lease has been a positive experience for both landlord and tenant and the parting of ways is somewhat of a fond farewell. There are a few crucial time periods to remember when a lease is ending that, when adhered to, will make the transition for both parties as smoothly as possible for your Park City property management.
Notice of Termination
A lease should have a clearly defined time requirement for when a notice of termination must
be given. Ideally the lease would require the notice be in writing and the notice be given 30 days prior to termination. For example the lease we use, which is prepaired by an attorney, states that a lease can only end on the last day of the month and once the term of the lease is complete a 30 day notice must be submitted in writing. Utah law provides for a minium of 15 days notice when a tenant is on a month-to-month tenancy, unless a lease indicates otherwise. I would also suggest that going to Google, typing in "free lease agreement", and using whatever you find is not the best way to protect yourself, your property and your tenants. Make sure your lease has at least a 30 day notice requirement and that the penalties for not meeting the requirement have some teeth to them. Making a deposit refund contingent on meeting this requirement is one way to ensure a tenant will have an interest in fulfilling their obligations. Our lease has this, along with several other requirements for a deposit refund.
24 Hour Notice Of Tour
So your tenant has provided you with the appropriate notice that they will be moving out and you are wanting to find a new tenant to take their place. If you are a proactive landlord you've already got an enticing description of the property posted on various websites to help you attract a new tenant. Now an interested party is wanting to take a look at the property that is still occupied and you have to let your current tenant know. In Utah a landlord is required, by law, to provide a tenant with a 24 hour notice before entering the property, except in the case of emergency. This notice can be provided by contacting the tenant directly or leaving a notice at the property. A best practice in this scenario is to give a tenant great than 24 hours notice, if possible. Moving is a hectic ordeal at best and many tenants may feel embarrassed at the state of the property that is full of boxes and in a general state of disarray. Giving them notice to make a property more presentable can go a long way towards landing a new tenant.
30 Days Or A Forwarding Address
Now that the old tenant has left, the condo has been prepared for a new tenant and any
maintenance or cleaning items have been dealt with it is time to deal with the deposit. First and foremost you must provide a receipt to a tenant for any work done that is being subtracted from their deposit. There are also some guidelines on when any monies left from the deposit must be returned to the tenant. Utah law dictates that any portion of a security deposit to be refunded must be returned within 30 days of the lease ending or when the forwarding address is received, whichever is later. If it has been past 30 days and a tenant has not yet provided a forwarding address you as a landlord are not under an obligation to return any monies, you wouldn't have a place to return them to anyways! And if a tenant provides a forwarding address upon move out a landlord still has 30 days to determine what must be done to the property to return it to a rentable condition, assess if anything in the property could be considered damage and not wear and tear, and receive invoices from any outside contractors that may have been brought in to make repairs.
You can find more information by clicking here to visit a landlord and tenant FAQ by the Utah State Courts. If you are interested in learning more about Park City property management download our free white page "5 Questions Every Landlord Should Ask Themselves".