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Question

I am a renter in Utah. I know that Utah has laws protecting renter's rights. Under the law, a landlord cannot enter without providing adequate notice to the renter (except for emergencies). The contract, however, states that the owner may enter "at any time, with or without notice" for maintenance purposes. Does the contract over-ride the law or does the law have precedence?

Submitted: 25 days and 7 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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State/Country relating to Question: Utah

Accepted Answer

Hello,

 

The contract can not conflict with the applicable statute that governs. If it were before a judge, the judge would strike out that clause as being void. Any such lease provision that conflicts with state law will be considered unenforceable, regardless of whether there was agreement between the landlord and tenant for the inclusion of such a clause.

 

thanks.

Matt

 

 

I hope you have a better understanding of your question as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. I hope you have a better understanding of your legal issue as a result of my comments. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption

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Expert: Matt
Pos. Feedback: 99.1 %
Accepts: 
Answered: 10/29/2009

Attorney

9 years experience in real estate, estate planning, and criminal law

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