Good-Faith Complaints About Landlord’s Legal Noncompliance
Landlord Retaliatory Actions
Refusing to Renew a Lease
Penalties for Retaliation
Court Costs + Legal Fees
When Is It Illegal for Landlords to Retaliate in Utah?
It’s illegal retaliation for Utah landlords toevictorrefuse to renew a lease,when all the following conditions apply:
The tenant is current on rent and not violating any obligations under the law or lease.
The tenant has, personally or through a tenant organization, complained about the landlord’s noncompliance with legal responsibilities.
The complaint is made in good faith.
The landlord’s eviction or refusal to renew the lease is because of the complaint.
What Can Tenants Do in Response in Utah?
Utah tenants can only claim retaliatory eviction as a defense against the landlord’s attempt to remove them from occupying the rental property. If a court agrees that the landlord is retaliating, the landlord’s retaliatory action will be prohibited. The tenant might also be able to recover court costs and attorney fees.
“A landlord has taken retaliatory action against a tenant with respect to residential property whenever the landlord undertakes to terminate a tenancy that is terminable by an appropriate notice, or refuses to renew a tenancy for a specified term when that term ends, if… the tenant is not materially in default in the performance of his obligations under the lease at the time the landlord acts [and] the landlord is primarily motivated in so acting because the tenant, either alone or through his participation in a lawful organization of tenants, has complained about a violation by the landlord of a protective housing statute; and the tenant’s complaint was made in good faith and with reasonable cause.”