What are my rights if I gave my landlord a written detailed summary of the unsafe conditions and code violations here and received a no cause eviction notice within days?

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What are my rights if I gave my landlord a written detailed summary of the unsafe conditions and code violations here and received a no cause eviction notice within days?

I have lived here 14 years with no problems until they received the letter. I’m 66 years old and hearing impaired.

Asked on June 19, 2015 under Real Estate Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can refuse to move out and force the landlord to bring an eviction action: the landlord cannot simply lock you out (if he does, you should be able to contact the police and/or court for help and get back in), but rather needs to file a legal action in court, about which you will get notice. You can then appear for the hearing/trial  date; the landlord will have to prove grounds or cause for eviction (if he can't prove there are grounds for eviction, he cannot evict)--and you can present your own testimony against whatever he claims. You can also discuss the timing with the court: that you only received the eviction notice after exercising your right to bring unsafe conditions to the landlord. And, of course, you can also discuss the unsafe conditions themselves with the court also.

In addition, if you haven't already, bering the unsafe conditions and code violations to the attention of your municipal building, housing, or code enforcement department. They may issue a summons to the landlord and require him to pay a fine and/or fix the issues. And the record or evidence of the summons(es) may be helpful in an eviction case as well, to confirm to the court that you are being retaliated against for complaining about unsafe or unhealthy conditions.


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