Landlord/Tenant Rights

By Matthew Perkins

If rent is not timely paid, or the terms of the lease are broken, the landlord has the right to evict the tenants following notice. That notice requirement used to be three (3) days prior to resorting to the courts by filing a complaint and summons to begin eviction. However, on May 20, 2019 a new law went into effect that changed the notice requirement. Now, a landlord of residential property must wait ten (10) days to file a complaint and summons for an eviction following notice. The only exception for residential housing is when the landlord owns less than five properties and put into the lease agreement that they own less than five houses and plan to use the Exempt Residential Agreement Process. In this case, the landlord must now allow five (5) days’ notice before filing a complaint and summons. In either case, the tenant has the right to cure the defect during the notice period See 13-40-104(1)(d).

The notice requirements are specific as to how notice is to be given and what constitutes valid notice. Moreover, attorney fees can be awarded to either party in a landlord/tenant dispute if the other party fails to act properly.

If you are having landlord/tenant problems you are in need of an attorney with specialized knowledge and a particular skillset. Attorneys Matt Perkins and Jason Kennedy handle landlord/tenant disputes for Patricia Jo Stone, PC and would love to help you resolve your problems as efficiently as possible.

Big Win on Landlord/Tenant Case

Attorneys Jason Kennedy and Katie Kendrick are fierce litigators. They recently represented tenants in a four (4) day trial over a landlord/tenant dispute and obtained a very favorable jury verdict of $102,227.54 for our clients! In addition, the defendant was ordered to pay all costs and attorney fees. After their landlord failed to promptly and properly remediate a mold infestation and refused to return their security deposit, Jason and Katie persuaded the jury that the landlord not only constructively evicted the tenants by breaching the warranty of habitability but also that the landlord kept the tenants’ security deposit in bad faith, subjecting the landlord to trebled damages and attorneys’ fees. The jury, outraged by the landlord’s conduct, also awarded $25,000 in emotional distress damages and awarded $50,000 in exemplary damages! Please contact the attorneys at Patricia Jo Stone, PC if you are in need of outstanding trial advocacy!