Utah Complaint for Breach of Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-01270BG
Format:
Word; 
Rich Text
Instant download

Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Landlords cannot deny a person a rental unit or make any drastic changes to their rental policies specifically because of any discriminatory reasoning. This includes everything, including gender, age, race, nationality, amount of children, annual income, religion etc.

Disturbing other tenants or neighbors. Having parties or visitors so frequently as to interfere with any neighbor's quiet enjoyment. Smoking and the tenant's smoke drifts into another rental unit, but only if the landlord prohibits smoking in all units.

Title 57 Chapter 22 Section 5 Renter's duties -- Cleanliness and sanitation -- Compliance with written agreement -- Destruction of property, interference with peaceful enjoyment prohibited.

HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise abandon the rental property that he or she is currently occupying.

If you do not have a lease agreement, you need to give at least a 15 day notice. If your landlord still does not make the repairs after this notice, you can move. Salt Lake County and remainder of the state call Utah Community Action Program at (801) 214-3109 or email mediation@utahca.org.

The Fair Housing Laws require that all persons have a right to seek housing based upon their qualifications without regard to their race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity.

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Utah Complaint for Breach of Covenant of Quiet Enjoyment