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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33134
Experience:  30 years of real estate practice experience.
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Is a tenant's lease negated after an eviction to the tenant.

Customer Question

Is a tenant's lease negated after an eviction to the tenant.
Do you know Utah's code that protects a tenant from a landlord's non-disclosure regarding meth residue in their apt. before signing a lease. The apt. they occupied was tested by the health dept. in Utah after the tenant became ill and noticed signs of meth. as well as being told by the neighbor of the previous tenant's meth. use. The apt. tested at .47 when the legal limit is .01. The landlords knew because a neighbor notified the landlord that there was non-stop meth users that rented the apt. before the present tenants moved in.
Thank you for any information you can give me.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Are you online with me?

Expert:  Loren replied 1 year ago.

Whether or not the eviction terminates the lease is not a statutory provision, but determined by the court's final order. Typically, the order will, in its terms, terminate the lease.

Expert:  Loren replied 1 year ago.

With regard to any dangerous conditions existing in the premises, Utah has a statutory disclosure requirement for any potentially hazardous conditions in the premises (57-22-1 known as the “Utah Fit Premises Act.”).

Additionally, there are common law warranties of fitness and habitability which require the landlord to provide a safe and habitable premises.

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