How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35345
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

My daughter just rented a duplex, paid the first, last and

Customer Question

My daughter just rented a duplex, paid the first, last and deposit. The landlord called and wanted to meet today to sign the lease. My daughter has a new born 3 months and a 1 1/2 year old, as well as a six year old boy, anyway when they moved in they noticed a few things that needed fixded, so her hubby told the landlord, the response from the landlord is, i can see what kind of relationship we are going to have so I am going to give you your money back and I want you to move out, you are not signing the lease. What can She do?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: she is in David county, Farmington, Utah
JA: Has any paperwork been filed?
Customer: no, they moved in last night, and this happened this morning, but money has been exchanged. My daughter paid, first, last and the deposit. and hooked up utilities.
JA: Anything else you want the lawyer to know before I connect you?
Customer: it is freezing cold in utah.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If they have moved in and taken possession of the property, but there is no signed lease, then legally they are considered month to month tenants. In order to terminate the tenancy, the landlord would have to give them a written 15 day notice to vacate and then evict them through the courts if they didn't voluntarily move.

.

So since they have paid for first and last month's rent, even if he gave them a written 15 day notice today, he couldn't terminate and evict for at least two months.

.

But he can't just "undo" the contractual agreement and refund their money unless they agree to accept it...

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Related Real Estate Law Questions