Introduction

Crook Legal Group PLLC real estate attorneys are experienced at resolving a variety of legal issues affecting commercial and residential real estate, including but not limited to the following areas of representation:

Commercial and Residential Landlord Representation

Our seasoned landlord and property management attorneys are prepared to help protect the properties and investments of Utah’s landlords. 

Eviction

If a tenant is failing to pay rent or otherwise in violation of the lease agreement, we take swift action. If a tenant needs to be evicted, our attorneys have more than 30 years combined experience litigating in Utah courts and recovering money on behalf of our clients. 

The eviction process for both commercial and residential real estate is fairly complex. We start by drafting and serving a notice to the tenant that explains the lease violation at issue and informs the tenant of the number of days it has to fix the violation or vacate the property. This notice must contain the proper elements and be served in the proper way, or else the later steps in the process will be ineffective, and the landlord will have to start over. 

If the tenant fails to remedy the violation or vacate the property, we draft a complaint that contains different causes of action designed to maximize the landlord's potential for recovering all amounts owed. These causes of action include but are not necessarily limited to unlawful detainer with treble damages, a cause of action for a lien against property owned by the tenant and/or held on site at the property, and breach of contract against any individual who has guaranteed the tenant’s performance and payment under the lease.

We also draft a summons to be served upon the tenant and any guarantors. The summons tells the defendants the amount of time they have to respond to the complaint. The amount of time permitted depends on the cause of action against a particular defendant. For example, with an unlawful detainer action, the tenant will have three business days to respond. A personal guarantor who lives in Utah will have 21 calendar days to respond.

We will also pursue an order of restitution. This is an order from the court that requires the tenant to restore possession of the property to the landlord. We will cause this order to be served upon the tenant. The order will give the tenant 3 calendar days to vacate the property and remove all of its personal property. If the tenant ignores the order, we will work with law enforcement personnel to forcibly remove the tenant and change the locks.

Of course, often times during this process, the tenant and landlord may want to attempt to negotiate a settlement. We assist the landlord in facilitating the settlement while ensuring that the landlord’s interests are protected and that any efforts already expended to enforce the lease are not wasted.

If no settlement can be reached, we will pursue a judgment against the tenant and any guarantors. We ensure that all amounts owed under the lease are contemplated by the judgment, including interest, attorney’s fees, late fees, future rent payments, fees and costs to collect, etc. We are experienced judgment enforcement attorneys and will use the tools the law provides to pursue recovery of the judgment amount.

Lease Documentation

It is difficult to overstate the importance of having a well-drafted lease agreement. Our attorneys provide commercial and residential lease language that is easy to understand by all parties, protects the landlord from liability, provides for a healthy landlord tenant relationship, and protects the property being leased. We provide comprehensive, easy-to-understand lease agreements that are in line with Utah law and are designed to protect the landlord, but also to provide for an efficient and low maintenance lease arrangement.

Fair Housing Defense

Whether merited or not, landlords and property managers are sometimes accused of discriminating against a potential or existing tenant based on the basis of race, color, sex, religion, national origin, disability, source of income, familial status, sexual orientation, or gender identity. We have extensive experience defending clients before the Utah Anti-Discrimination and Labor Division and in court.

Commercial and Residential Tenant Representation

A commercial lease is one of the most expensive commitments a business will make. Rent at $3,000 per month for five years is $180,000. Because the lease will govern the relationship between the business and the landlord, It is important for the business to understand the ins and outs of the lease, including the risks, obligations, and potential negotiation points. We help businesses understand, edit, and negotiate the commercial leases they are considering. We also represent businesses and individuals involved in commercial and residential lease disputes. 

Land Use and Zoning

As a general rule, if a person owns land, that person has the right to develop it, adapt it, or otherwise use it for some beneficial purpose. In the commercial context, the beneficial purpose is usually to make money. In the residential context, the beneficial purpose is usually to improve the property in some way desired by the owner. But, the ways in which landowners can use their properties are regulated by zoning and land use laws. These laws are usually interpreted and enforced by local government entities, typically cities and counties. Sometimes, before developing or using a property in a certain way, the landowner must seek permission from the local government. And, sometimes the local government notifies the landowner that the law does not allow the proposed use and denies permission. When the landowner disagrees with the local government’s interpretation of the law, a dispute arises. Sometimes the local government approves of a landowner’s development or use, but other citizens disagree with the approval. Our firm is experienced helping people and entities avoid, resolve, and appeal zoning or land use disputes.

Quiet Title Actions

To quiet title means to determine who owns real estate. In other words, once a court quiets title in someone’s name, no-one else can claim they own it - they have to be quiet. Quiet title lawsuits are helpful if, for example, another person is claiming an interest in your property or if your title has a defect. A title can be defective for a variety of reasons and usually affects the value and marketability of real estate. For example, a title is defective if a document that should have been recorded is missing. 

If a quiet title action is filed in court to resolve a dispute as to ownership, the plaintiff should consider filing with the court and then recording with the county recorder’s office a notice of pendency of action (a lis pendens). Utah Code § 78B-6-1303. This will give potential buyers and others notice that ownership of the property is in dispute. In a quiet title action, the court may allow either party the right to enter the property in dispute to inspect, take surveys, etc. Utah Code § 78B-6-1308. Quiet title actions in Utah are governed by Utah Code § 78B-6-1301 and the sections that follow.  

Easements and Rights of Way

Easements are non-possessory property rights, meaning that the holder of the easement does not own or possess the property but has the right to use it in a certain way. For example, easements often allow the holder to travel across a certain area of land to access another area of land. Disputes can arise with regard to whether an easement exists, whether it is being used properly, how big it is, whether it has been abandoned or terminated, etc. The attorneys at Crook & Taylor Law PLLC can help you determine, negotiate, and/or litigate your rights with regard to an easement. 

Non Disclosure

The attorneys at Crook Legal Group are experienced handling non-disclosure cases. These are cases where a seller of real estate, or the seller’s agent, has failed to disclose a material defect that they knew about and that the buyer could not have discovery through reasonable diligence. Buyers who are victims of fraudulent non-disclosure can seek compensation to remedy the defect and sometimes rescission of the contract.