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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.

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