In a previous article titled "Stigmatized Property - Info From Property Management Park City Utah" I wrote briefly about the idea of a stigmatized property and that contamination through drug use or manufacture, including methamphetamine or meth, puts certain requirements on the owner or landlord of a property. For the full text of that post you can click here. Today I would like to talk a little more about meth in particular and some of the laws regarding Utah property management. This is of course not designed to be any form of legal opinion. I am not an attorney and if you require further information for your Park City property management needs you should consult with an attorney licensed in the state of Utah.
Methamphetamine
Meth is a highly addictive, man-made substance that has been around for several decades. It can be made or "cooked" in small laboratories from household chemicals. These chemicals are dangerous to the environment and people in general. Meth can be introduced to the body by injection, ingestion, smoking or snorting. The two most common methods are injection and smoking, with smoking being the most damaging to a property. Fortunately for most property owners and landlords the cooking of meth has been in decline in Utah over the last decade. Meth use however continues to rise. The production of meth involves toxic and flammable chemicals that can leave a significant residue in a property where meth is produced. Smoking meth in a property also produces this residue on walls, ceilings, floors, ventilation ducts, essentially every place it contacts. If you have reason to believe meth is being used or cooked in a property you manage you can have the property professionally tested. You can find a list of state approved testing companies here.
Decontamination
Once meth has been discovered in a property a complete decontamination must take place. It is necessary in the leasing or sale of a property to disclose meth contamination. If there has been police action along with the property being identified as a meth lab, or if the property tests positive for meth decontamination is required. The rules and procedures for decontamination are lengthy. There is a state wide standard known as State Rule 392-600. This rule serves as the basis for all meth decontamination in the state. Local health departments also have a say in any additional procedures required for meth decontamination so check with your local health department as well. Decontamination can be carried out by a specialist or the owner of record for the property. If an owner undertakes decontamination they must follow all the state rules including conducting an assessment, submitting a work plan, following all required procedures for decontamination and disposal of material, and confirm that any remaining meth traces are below the standard set in State Rule 392-600. If you would like to read the full text of the rule you can do so here.
Help For Landlords
The Utah Department of Health has produced a useful FAQ sheet for landlords that offers brief explanations of what methamphetamine is, the responsibilities of a landlord, a checklist detailing potential signs of meth use or production, methods of testing for meth, and information about State Rule 392-600. You can find this helpful FAQ sheet by clicking here. As I stated earlier landlords are fortunate that the rate of meth production has declined steadily over the last decade. Meth use continues to rise and does pose a potential for property damage depending on the amount used by a tenant as well as the method. Property owners who are involved in Park City property management should call local law enforcement if they suspect their tenants are using or producing methamphetamine.
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".
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A well written, accurate rental description is a great way to draw interest in your available rental property and give yourself an edge in a sometimes competitive market. A rental description is often the first thing a potential tenant encounters when looking for property. Today's blog post will give you some tips and tricks to write a good rental description that will help in your Park City property management.
Grammar And Spelling
Perhaps this is obvious but you should always use correct grammar and spelling in your rental descriptions. Incorrect grammar or poor spelling immediately creates certain opinions in potential tenants about you and your property, none of which are positive. A concise description with proper grammar and spelling is preferable to a wordy, long-winded advertisement with lots of errors. Nowadays most advertising for rental properties is done online, either through craigslist or other pay services. Some may provide a spell check feature, some may not. Many internet browsers also automatically check spelling. However I recommend typing out your whole posting and then copy and paste it into a Word document. This was you will have not only spelling but grammar checked. It's a simple process and you can make sure that your posting is ready before showing it to the world. Easy steps like these will also give you an advantage against your competition. It's sad that in a world will all the programs and ways available to people there are still some really poor examples of grammar and spelling, even in Park City property management.
Word Choice
Great word choice can be the difference between a bland description and one that creates excitement in potential tenants. It can also be the difference between accuracy and hyperbole! Take some time to think critically about your property. You may think it's the Taj Mahal but there is only one of those and it isn't available for rent. Be honest in your description but choose exciting words that will catch people's interest. Is your property old-fashioned or is it vintage? Was the property built recently or is it new/modern? What about
the atmosphere a property creates? Words like casual, rustic or formal help interested parties form an emotional opinion about the property. If there are features about the property that set it apart, say a generous master bedroom or spacious backyard, then highlight them using emotionally descriptive words. "Big" may be accurate but it lacks an emotional component. Is the property located near favorable amenities? If so list them with terms like "walking distance" or "short drive". If the property is not located near anything use terms like secluded or private. Some people want to be close to the action and some want to get away. Don't try and make your property into something it's not. Nobody would sell a cabin in the woods as "urban", so don't characterize your property as anything but what it is.
Other Considerations
Have you just recently installed new appliances or remodeled something? You can easily state these facts but using more descriptive terms live "stainless steel" or "granite counters" and "travertine floors" will give prospective tenants a better idea of the quality of finishes available in the property. Does the property have a beautiful view? Is it located on a quiet, tree-lined cul de sac? These are all things you should consider when creating a listing.
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".
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Although generally infrequent, situations where a tenant abandons a property can occure, and for a variety of reasons. In today's blog post I want to give you some of the basic information on Utah property management law regarding abandonment and abandoned premises. Along with that basic information I will provide links to the Utah code so you may continue your research further. This should help any landlord make informed decisions in their Park City property management business.
Abandonment
There are specific requirements in Utah property management law that must be met before a property can be declared abandoned by a tenant. This is so that mistakes on the part of a landlord, for example a tenant taking a long vacation or being away on a business trip, can be avoided. Abandonment can be presumed in one of two ways, depending on whether or not the tenant's property has been left behind. Let's take a look at abandonment with personal property left
behind. The first step in determining abandonment is if the tenant has not notified the landlord that they will be absent from the property. Second the tenant has to have failed to pay rent within 15 days of the date rent was due. And third there is no reasonable evidence, beyond the presence of the tenant's personal property, that would indicate the tenant is still living in the property. The second method for determining abandonment when a tenant's personal property is not present is slightly different. Again, notice of the tenant's absence from the property has not been given. The tenant then fails to pay rent when it is due, the tenant's personal property has been removed from the premises, and there is no reasonable evidence the tenant is occupying the property. If either of these conditions are present the property is considered abandoned and certain actions can take place.
Abandoned Premises
Once a property has been determined to be abandoned the property owner can begin to move forward with getting the property rented again. Utah property management law allows for the owner of a property to remove any personal property left behind by a tenant but requires that 
the items be stored for 30 days. A tenant who abandons a property can also be held accountable for the remaining rent due to the terms of the lease or for rent accrued during the time at which the property is vacant. If the property is re-rented at a fair market value and this is less than the amount specified in the tenant's lease the tenant will also be responsible for the difference. If there is any damage to the property above normal wear and tear then a landlord can include any repair costs in the amount a tenant owes. A landlord can also charge reasonable moving and storage fees for any personal property that must be kept for 30 days. The landlord must make a reasonable effort to inform the former tenant of the location of his property but if, after 30 days, the property is unclaimed the landlord may sell the property to offset their costs or donate the property to a charity.
Summary
It is important for a landlord be proactive if he has reason to believe a tenant may abandon a property. Things like frequent rent payments, asking to be released from a lease, and talks of job transfer are all clues that a tenant may be on the way out. Stay in contact with your tenant. If they leave stuff behind you have to wait the 15 days, if they don't you should move quickly to get your property rented to somebody new. These simple tips will help you in your Park City property management. For a full text of the applicable laws click here.
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".
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Going green with your personal or rental property is something that many people are interested in but perhaps don't have an idea of where to begin. I recently posted an article highlighting one of the easiest ways: LEDs - A Bright Idea For Park City Property Management. Today I would like to give some more broad information and tips on on how to make your property more green, starting with simple things and moving on to more complex methods and practices.
Slow The Flow
Using low-flow toilets, faucets and aerators is a great way to reduce water consumption in a property. Some people dislike this method of saving but over the course of a year many gallons of water are saved by their use. As these fixtures also regulate the amount of hot water used there is also a savings on your heating bill. In a case study on the use of low-flow fixtures LaGuardia Airport in New York installed low-flow faucets and aerators, toilets, urinals, and shower heads as part of a water conservation program. The total cost for the fixtures was $89,745. Through these simple measures they were able to recoup all of their costs for installation, through a savings on their water bill, in only 8 months. If you would llike to read more on the case study at LaGuardia you can click here. Water, particularly in the arid western states, is a very important commodity. By taking small steps like using low-flow fixtures, cutting back on water waste, and being generally conservation-minded we will all save a little money and a lot of water. The potential impact would be huge for Utah property management.
Insulating and Air Sealing
Insulation is a very affordable and easy to install method for saving energy. Any building should have what experts call a tight envelope. The idea is to keep air flow between the inside and outside to a minimum. Adding additional insulation to the attic not only keeps warm 
or cold air in your property but will also help keep the cold winter wind and the hot summer sun from effecting the inside of the property. Adding insulation to the inside of walls can be difficult but there are options including blown in insulation that can facilitate this type of retrofit. Another way to reduce air loss to the outside is be doing a pressure test. This typically involves an expert with special equipment locating areas in your house or condo where you are experiencing air loss. Typical areas of air loss include along base boards and windows, recessed lighting, outlets and plumbing penetration. These areas can be sealed by using caulk, foam, or gaskets depending upon the area being sealed. Having a tight building envelope can reduce heating a cooling costs, which translate into more dollars saved and less energy wasted.
Solar, Energy Star, HVAC, And More
Solar energy is something I am particularly passionate about. I have spoken with many friends and neighbors who are either considering of have installed solar systems. I've had a solar contractor out to assess my home, and I hope to have solar panels installed in the near future. Solar panels are installed with a goal of having a net zero electricity usage in a calendar year. During the summer months excess electricity is fed back into the power grid and you receive a credit on your electric bill. During winter months you are able to use up that credit arriving at a net cost of zero. There are specific formulas that solar contractors use to determine your energy usage and the number of cells necessary to meet this goal. Most systems are scalable as well. Energy Star appliances are another way to save money in the long run. These appliances will have a yellow sticker detailing the estimated cost to run an appliance over a year, usually a good savings over less efficient appliances. There are also 95% efficient furnaces, tankless hot water heaters, geothermal hot water systems, and triple pane windows, all of which reduce energy consumption and increase efficiency. Many of these systems are also available to receive government incentives. Check with your local utility company, government agency, or licensed contractor for more information.
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 perhaps one form or another I have previously talked about different types of tenants. It can be difficult to search through several articles to piece together this information so I thought it would be good to write on article about the four different types of tenants in Park City property management.
1. Estate For Years
When people think of tenants they are most likely thinking of the first type of tenant, known as "estate for years". Far and away the most common type of agreement involving real property, estate for years is a leasehold agreement on a property with a specific beginning and end date. The most common estate for years is a one year lease on a property but there is actually no requirement for the term to even be a year. The criteria are simply a beginning and end date. Leases may vary but estate for years does not require a notice to terminate as the lease already has an end date. Whether for a month, year, or many years, estate for years covers the majority of tenants and landlords in Park City property management.
2. Periodic Tenancy
Periodic tenancy is often referred to by the type of period it is based on, month-to-month being a common example. In periodic tenancy the lease continues from one term to another automatically, whether week-to-week, month-to-month, or year-to-year. The lease will continue to renew indefinitely until one party terminates it at the end of the specified period. Many estate for years leases revert to a periodic tenancy at the end of the term, an example being a year lease that becomes month-to-month after the year has ended. In a month-to-month tenancy the lease may only be terminated at the end of the month. Many leases spell out the type of valid notice of termination that must be provided, along with a required number of days prior to termination that the notice must be provided. Many leases will require 30 day notice of termination. If the termination is unspecified Utah property management law requires a 15 day notice.
3. Tenancy At Will
Tenancy at will is, as it sounds, an at will agreement between two parties involving real property. There is no specified term, period, duration, or termination requirements. In tenancy at will the lease can be ended at any time, be either party, with or without the agreement of both parties. Generally there is not a written document in a tenancy at will situation, as a written document or lease will generally spell out terms that would classify a tenant as either estate at years or periodic tenancy. An example of this would be allowing your younger sibling to live on the basement of your home. The sibling is a tenant at will, there is not specified term (perhaps to the consternation of your spouse), and the tenancy can be terminated at any time without notice by your sibling moving out or you spouse letting you know, in probably more colorful language, that they have had enough.
4. Tenancy At Sufferance
Tenancy at sufferance is a very limited type of tenancy that only occurs in specific instances. It could really be considered a transitional phase. Tenancy at sufferance exists when a tenant is "held over". A hold over tenant occurs when the lease has ended and a renewal has either not yet been offered by the landlord, or the landlord is unwilling to renew. The tenant is still remaining in the property and is thus a tenant at sufferance. At this point the landlord will either offer a renewal of the lease agreement to the tenant or proceed with an eviction of an unwanted tenant.
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 a previous blog post entitled Pet Friendly Rentals - Park City Property Management, I touched briefly on the idea of service animals. If you would like to read that blog post you may click here. For today's post I would like to dive a little further into the concept of service animals and how it applies to property management Utah.
Service Animals
Recent changes to the Americans with Disabilities Act in 2011 have more narrowly defined, under law, what is considered a service animal. To be clear the changes only apply to the ADA and not to the Fair Housing Act. And as always, when dealing with complex legal matters, it is best to consult an attorney familiar with Utah property management law. The revisions to the ADA laws now classify only dogs as service animals. We are all familiar with the idea of a guide dog helping
blind people or providing some other type of assistance to someone with a visibly disability. However service animals are not limited to just physical disabilities. ADA laws provide for service animals to be used for people who suffer from Post-Traumatic Stress Disorder (PTSD) or other mental disabilities. Landlords must be careful when approaching the issue of a service animal as there are things you may and may not ask of a person who identifies as having a service animal. When a person's disability is not immediately obvious a landlord may ask to see the dog's service animal registration or some type of document proving the need for a service animal. A landlord may also ask the nature of the service the dog provides but must never ask about the nature of a person's disability. For more information on the ADA change and a little bit about miniature horses you can click here.
Assistance Animals
Another category of animals helping people are what is known as assistance animals. Assistance animals, sometimes also referred to as emotional support animals, are different from service animals in a few key ways. Assistance animals do not have to undergo any type of formal training on the completion of specific tasks. They are also not limited to dogs only. As the alternate name suggests assistance animals are designed to provide some type of emotional support to a person with a disability. Emotional support does not necessarily mean that the disability is limited to mental or emotional, it is not. Assistance animal is a somewhat evolving term that has a broader reach than specific service animals. An individual suffering from anxiety disorders or PTSD may have their symptoms mitigated by the calming and loving 
presence of an animal. Another difference between the two types of animals is access. While a service animal is allowed by ADA laws to go anywhere the public may go, for example a sporting event. The more broadly defined assistance animal however is not protected by ADA law and could be turned away in our sporting event example. Where assistance animals do enjoy protection under the law is in the Fair Housing Amendments Act. The act allows a person with a disability to ask for reasonable accommodations in their housing. Allowing an assistance animal in a community with a "no pets" policy is an example of a reasonable accommodation. There have even been instances in Park City property management where an HOA was sued by a disabled person for not making reasonable accommodations. Click here if you would like to read about this case.
Recommendations
The key thing to remember in the case of service or assistance animals is you should not discriminate. If a potential tenant wants to rent your property and they qualify in every way, you cannot turn them down because they have a service animal. You also cannot accept them but charge pet rent or pet deposits. The tenant is still responsible for any damage the animal may cause but you cannot charge a pet deposit up front. A good rule of thumb is to not consider the animal a pet but rather a prescribed treatment for a disability. You can read more about FHA here and reasonable accommodations under FHA here.
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".
The question of accepting pets in a rental often comes up in Park City property management. When talking about pets we are most commonly referring to dogs or cats. It's pretty infrequent that a goldfish would cause a substantial noise disturbance with neighbors and I have yet to have a tenant ask about making accomodations for their horse. In almost all scenarios a small animal is of little consequence and many HOAs and communities have specific rules regarding larger animals. I would like to take a look at some of the pros, cons, and considerations when deciding to rent a property as pet friendly.
The Pros
It really comes down to two basic points; money and marketability. In Park City property management there are two standard ways in which a pet friendly rental can generate more income, pet rent and non-refundable pet deposits. Pet rent may sound a little funny, as if we are asking Fido to get a job and pay his fair share. What the increased cost is based in is the idea of greater wear and tear on a property. If you would like a little more information on wear and tear, please check out my blog post Damage Or Wear And Tear? - Property Management Park City Info. Pets in general will add to the wear and tear a property sees over the course of a lease and should be accounted for with increased rent. In my experience $25/month is an appropriate amount for Park City property management however you should use your best judgement. Also you should consider an additional deposit for a pet and designate a portion of this deposit as non-refundable. The idea again is to cover for the added normal wear and tear a property sees.
The Cons
Not all pets, and definitely pet owners, are created equal. Some pets are more well behaved and some pet owners are more responsible. One animal that answers the call of nature wherever and whenever they want can very easily ruin the carpet of a property beyond repair. Make sure to ask potential tenants if their pet is house broken, how long they have had the pet, and if someone is home during the day to supervise the animal. Checking rental history can be an invaluable tool in determining whether the pet is fit for occupying your property. A deposit significant enough for a tenant to want it back is also an appropraite deterrent. Be reasonable but not excessive. If you find yourself asking too much for a deposit then perhaps the pet is not right for your property or perhaps renting to pets in general is not right for you. Even meeting the pet can help clue a property owner in to the animal's demeanor. While not fool proof these steps will give you the best change of making the right decision.
Considerations
Is your rental property part of a home owners association? If so there are probably specific rules regarding petss. Some HOAs have restrictions on size and breed of dog, almost all will have restrictions on the number of pets and some will not allow pets at all. I have unfortunately had a family approach me who, after moving into a property their landlord said was pet friendly, received notice from the property management company that they were in violation of the community rules and could not have a dog. If there are community or local ordinances that apply to pets make sure your tenant is notified of the rules. If the community your rental property is a part of does not allow pets then don't market the property differently. Another thing to consider is services animals. An animal that is legally registered as a service animal is effectively not considered a pet. You cannot charge pet rent, take a pet deposit, and if community rules prohibit pets they do not apply to service animals.
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".
Today's blog post is the second part in a two part series on eviction. The previous post, Eviction How To From Property Management Park City Utah, can be found by clicking here. This time I will be talking about potential alternatives to eviction in Park City property management. As previously discussed eviction can be a difficult and lengthy process in Utah property management. Therefore I feel it should be used as a last resort after other possibilities have been exhausted.
Communication
I know this sounds obvious as I write it but you should talk with your tenants before beginning an eviction. Discuss the problem and potential solutions. If payment is late find out the cause and when the tenant will be able to pay. If they need a week because they had some unexpected car trouble and need a paycheck to catch up it really isn't worth an eviction. Are they violating other terms of the lease such as making noise after quiet hours or too many pets? Reach out to your tenants and honestly talk about the problem. Perhaps they are not aware the noise they are making is a nuisance or what the pet policies are. Maybe they are dog sitting for a friend and they pet will be gone soon. There are many reasonable decisions or circumstances that can result in a tenant violating a lease. Discussing solutions with a tenant can resolve most problems. Other tips for discussion are to pick a neutral public location to meet and use an understanding, non-threatening tone. People are more likely to listen and not argue if you are willing to do the same.
Notice From An Attorney
Nothing makes people pay attention faster than a letter from an attorney. If you have a Park City property management company they should already have a working relationship with an attorney and pre-drafted notices on hand. If you manage a property by yourself contact with an attorney knowledgeable in Utah property management law can be very beneficial. If you've called or sent letters to your tenant and have received little or unfavorable response then a letter drafted by an attorney will at a minimum let your tenants know that you are serious about enforcing the provisions in your lease. Most people are not interested in legal trouble and spelling out specific obligations and consequences for not meeting those obligations can help stubborn tenants see the light and correct inappropriate behavior.
Release The Current Tenants
Maybe the reason your tenants are being difficult is they no longer want to live in the property. Maybe they've changed jobs and added an hour to their commute. Perhaps they've just had a baby and that one bedroom isn't working out. There can be any number of reasons why a person needs to move and a lease could be the only thing holding them back. Their frustration over feeling trapped by the term of a lease can be manifesting itself in a lack of concern for the rules. Or maybe they have simply outgrown the property and it no longer fits their current life circumstances. A lease is essentially an agreement between two parties of the possession of a piece of real property. If the two parties can reach a subsequent agreement then the terms of the lease can change. Perhaps the current tenants allow you to market and tour the property in exchange for them being able to leave in 30 days. Maybe the tenants themselves can go find new renters which, after approval from the landlord, can take over the lease of the property. You can always negotiate some type of buy out as well. Perhaps the tenants are willing to pay you an extra month's rent if they can leave. Or, depending on how badly you want the tenants out, maybe you as the landlord offer to pay moving costs. Money talks and this may be the ticket to having unwanted tenants out without resorting to the lengthy and possibly expensive process of eviction.
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".
This will be the first in a two part blog series regarding eviction in Park City property management. My goal is to first provide some basic information and sources for eviction proceedings in Utah property management and then some possible alternatives to eviction so landlords will have at least a general idea of the options available to them when dealing with a potentially difficult situation.
Eviction Process - Property Management Utah
If you are anything like me you will take every effort possible to avoid an eviction. This can be anything from doing a thorough background check prior to renting to working with a tenant in every way available to you. Eviction is a difficult and time consuming process both for the tenant and landlord. Non-eviction options will be covered in my next post so lets dive into the eviction
process for property management Park City Utah. The first step any landlord must take to begin an eviction is to post a "Notice to Quit". This can also be called a "Notice to Vacate" or more informally an eviction notice. The type of eviction notice and the amount of time required depends on the tenants current status and how they came to be in the property. If you have questions or are unable to answer these questions in regards to your tenant the best option is to consult an attorney familiar with Utah property management law. As always the advice given here is meant only to help you get started in the right direction and should not be considered legal advice. Always make sure you are sending the proper notice to the tenant as failure on the part of the landlord can result in the case against the tenant being dismissed in court. Once the amount of time specified in the notice to quit has elapsed the landlord must file a Summons and Complaint for an Unlawful Detainer (eviction) lawsuit with the district court. The complaint is then served on every tenant being evicted by a constable, deputy sheriff, or adult who is not a party to the eviction.
After the complaint has been served a tenant must file an "Answer" with the court within three business days. This is the tenant's opportunity to state why they should not be evicted, start a defense against the complaint and file their own claims against the landlord if they have any. If the tenant cannot file within three days they can file a motion with the court for more time, to be granted at the judge's discretion. If the tenant does not answer the landlord may ask for a default judgment and "Order of Restitution" This directs the sheriff to forcibly remove the tenants. If the tenants answer within three days the case will proceed as a civil case.
Summary
The Utah courts system and the Utah Code are all sources for the information provided in this post. You can look at the court's page on Utah landlord and tenant law by clicking here. The Utah code is also a good source for the exact wording of the law. I've found it also can function wonderfully as a sleep aid. You can find the codes applicable to eviction law here. The eviction process can be lengthy but there are a few methods for speeding things up depending on the nature of the claim. The web page maintained by the Utah courts is a great resource if you have further questions. Look forward to my next post when I explore alternatives to eviction.
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".
Fortunately for all property owners, real estate agents and property managers the situation of a stigmatized property does not come up very often in Park City property management. There are however important state laws regarding stigmatized property that are at least informative and in the event you become involved in a stigmatized property situation you can know how it applies to Utah property management.
Definition
For property management Park City Utah and for the state of Utah in general a stigmatized property is defined as "the site or suspected site of a homicide, other felony, or suicide;(b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or (c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act." For the purposes of this post I will stick to mainly the first definition and discuss the third definition, drug use in a property, and in particular methanphetamine use or cooking in another subsequent post. As you can see any situation that can result in a property becoming stigmatized is very serious, particularly if there has been a homicide or suicide. If a felony is committed by the occupants of a property the best course of action is to pursue an immediate eviction of the tenants. Other situations may require a more complex and thoughtful approach in dealing with these extraordinary circumstances.
Legal Requirements
Utah law also has information on the requirements of a real estate agent or property owner on disclosing whether a property is stigmatized. The Utah code reads "(1) The failure of an owner of real property to disclose that the property being offered for sale is stigmatized is not a material fact that must be disclosed in the transaction of real property. (2) Neither an owner nor his agent is liable for failing to disclose that the property is stigmatized." As always I am not an attorney, I just work in Park City property management. If you are in need of further advice please consult an attorney familiar with property law. That being said the basic idea of the law is that a property owner or their agent is not at fault for NOT disclosing that a property is stigmatized. This covers the agent and seller in the event that they did not know and also if they choose not to disclose information about a property being stigmatized. However if you are asked directly you must answer truthfully as the law does not allow you to lie about your knowledge of the property.
Best Practices
My experience is Park City property management has always been that telling the truth is the best option. If you find yourself in a situation involving a stigmatized property that you are either attempting to sell or get rented honesty really is the best policy. Be up front with interested parties. Sell the prospective party on the great aspects of the property and then give them an honest assessment of what you know. You will find that most people are understanding when they feel they are being dealt with honestly. The last thing you want to have happen is a neighbor being the first person to tell your new tenants about the history of a property!
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".