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Old 12-19-2008, 06:36 PM
 
5,361 posts, read 5,218,081 times
Reputation: 3960
Question Business Landlord Question Regarding Leases and Tenants and NO Signed, Dated or Verbally-Agreed Upon Increase in Lease

I tried searching for an answer to this but couldn't find a thread that addressed the question I have. This is not about rentals for homes, rather leases for office space.

Does anyone know, or can anyone give me any links where I can read further, if a landlord says he notified a leasee that the lease price was increasing, but the one leasing has never seen any lease raising monthly payments, let alone signed or initialed it. Is the leasee still responsible to pay the higher lease cost when no negotiation or even acknowledgment of whether or not the new lease was acceptable happened?

I would think if I were the landlord I would want a signed and dated lease in my hands before I made claims about tenants. However, I don't know what UT law is about this. Can a landlord increase the fee at will, if a new lease agreement has NOT been signed and dated?

Does the tenant have any rights? This seems dangerous to me as landlord X could claim the monthly rate was agreed upon for whatever amount, and if no document has been signed or dated, and there is no verbal agreement, how can this be?

Just to be clear, NO LEASE is in effect and previously copies of leases were given to the tenant. So when the landlord starts saying the tenant isn't paying the "new rate," what should a tenant do who has not seen a "new rate," let alone agreed to it? Furthermore, the landlord cashed and deposited checks for the previously agreed upon lease rate and has continued to do so.

Thanks in advance for any information anyone can share or links that can be posted.

MSR
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Old 12-21-2008, 05:57 PM
 
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Question Utah AG's Office......Would They be Able to Refer me to Accurate Information?

Let me ask a different question. Does the Utah AG's office have a division for landlord/tenant law? It's hard to find where specific laws are in the UT Code. I have had to contact the AG's office about different insurance laws etc. over the years and have actually been surprised how helpful they were.

If anyone has any hints or links of where to read more about this issue, please post.

Thanks

MSR
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Old 12-22-2008, 07:50 AM
 
139 posts, read 271,134 times
Reputation: 144
Default Tenants have rights....if they have a signed lease

I can't imagine a tenant wouldn't have a signed lease in which the rights and responsibilities of the landlord and the tenant were spelled out.

With no signed lease, the tenant is at the mercy of the landlord. In those cases the property owner has amost universal rights to their property.

Either way, it's bad business on both sides not to have a signed lease.

Last edited by lisamikefoster; 12-22-2008 at 07:52 AM.. Reason: misspelling
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Old 12-22-2008, 07:45 PM
 
5,361 posts, read 5,218,081 times
Reputation: 3960
Exclamation It's an Unusual Situation

Quote:
Originally Posted by lisamikefoster View Post
I can't imagine a tenant wouldn't have a signed lease in which the rights and responsibilities of the landlord and the tenant were spelled out.

With no signed lease, the tenant is at the mercy of the landlord. In those cases the property owner has amost universal rights to their property.

Either way, it's bad business on both sides not to have a signed lease.
I mostly agree with you. However, the situation I'm thinking of is a bit unique. Lease expired after 5 years. Another lease negotiated. Then after that it became month to month. The problem is the tenant never agree to the increase or has seen or signed the new lease. It is bad business for the landlord, but not necessarily the tenant as the landlord has been building new buildings and they aren't full. It's funny to see ads from the new properties going to those who are at the old property.

This is a highly unusual case as the landlord has a backup lease, of sorts. Given expansion at a business on one side and them being landlocked, I guess he thinks that business will continue to rent from him one suite at a time as that is what they have historically done.

The tenant doesn't want to stay and is actively pursuing a new office search with a reputable agency in the area. The landlord is clueless and thinks he can collect a higher rate of rent for months he claims the lease was increased. Yet, the tenant has never seen it, hasn't signed or initialed or verbally agreed to it. So how does the tenant know the landlord is being honest about a "new lease agreement?" I agree, that is bad business.

Let's just say the landlord has a reputation of squeezing every ounce of anything he can get from those who lease and hasn't done anything to improve the property. He somehow has a mentality people want to be in his properties compared to others. No one likes the landlord. They've dealt with him, until new options for business offices were built.

Thanks for your post, lisamikefoster.

MSR
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Old 12-31-2008, 01:06 PM
 
5,361 posts, read 5,218,081 times
Reputation: 3960
Exclamation Reference Info

I was given this reference for anyone renting or in a lease in UTAH:

www.andjusticeforall.org/uls/flyers/RH052803.htm

It focuses mainly on residential rentals/leases; however this is some information about business leases as well.

There is actually a lot of information available from various sources for those who rent or lease.

I hope this helps someone else.

MSR
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