Rental Housing Journal Utah November 2016 by Professional Publishing, Inc

November 2016 - Vol. 8 Issue 11

Rental Housing Journal Utah

2. President’s Message – 2017 UAA Landlord Guide

UPCOMING EVENTS

3. Director’s Message – Assistance Animals Do's and Dont's

Annual UAA Meeting Uaa Offices .............. Thurs, Nov 29th 7pm

4. Ask the Attorney – Filing an Eviction With the Court

Good Landlord Class Washington Terrace ..... Dec 15th 8:30am Salt Lake............................ Dec 17th 8:30am Ogden ............................... Dec 30th 8:30am South Ogden ................... Jan 18th 6:00 pm

www.uaaGeneralMembershipMeetings.com

www.GoodLandlordingTraining.com EVENTS UAA Tribute Awards .................... Jan 27th 6:00 pm Little America, Salt Lake City

Landlord Legal Cruise ................. Jan 8th-Jan 15th RC Allure of the Seas, Western Caribbean

www.uaahq.org/cruise

www.rentalhousingjournal.com • Professional Publishing, Inc Official Publication of The Utah Apartment Association Utah’s Leading Advocate for the Rental Housing Industry – 888-244-0401 – WWW.UAAHQ.ORG

New Eviction Proceedings

UAA Raises $45,000 at Annual PAC Event By Gavin Gilbert UAA Events Coordinator

AA members and donors raised $45,000 at our annual PAAC event on October 17th at Top Golf in Midvale, and heard from Utah Speaker of the House Greg Hughes and UAA staff and lobbyists about the issues that affect the rental housing business. “We are so grateful to your support and are well on our way to hitting our $100,000 PAC goal for

by Jeremy Shorts Utah Eviction Law

Utah State House Speaker Greg Hughes speaking with UAA Members

continued on page 7

n November 1st a new eviction procedure rule approved by the Utah Courts went into effect. (If you would like to read the full rule it is called Utah Rule of Civil Procedure 26.3). The media quickly trumped that “avoiding frivolous evictions [is] about to get easier for tenants gden City has recentin Utah”. While this might be true, ly changed some of the the impact probably won’t be too procedures for its Good big since there are actually few frivLandlord Program. Historicalolous evictions. ly this program has been one of continued on page 6 the most restrictive in the state in terms of its criminal exclusion requirements. In an effort to be fair without exposing the community to undue risk the city has launched a pilot program where those who would be otherwise excluded can

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Ogden Good Landlord Pilot Program

continued on page 7

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Advertise in Rental Housing Journal Utah Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

Call 503-221-1260 for more information

Utah Apartment Association 448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org

President’s Message 2017 UAA Landlord Guide there are several notable changes to the 2017 Guide, including: yy New Federal Fair Housing Guidelines regarding renting to people with a Criminal History

yy Information on how to understand a handle potential Methamphetamine contamination

Peter Harradine, AIT, CAM 2016 Board Chair Utah Apartment Association

he UAA has just published our 2017 Landlord Guide. The purpose of this book is to provide you the tools to understand basic landlord/tenant law and best practices that will help them be more successful, and provide better services and options to your tenants and the community. Roughly one out of three people in Utah rent their housing. There are about 300,000 rental units in Utah. Managing, leasing, maintaining and servicing tenants directly employs thousands of Utahans, and thousands more are contracted with to provide additional services to the over 100,000 buildings containing residential renters. Without people like you who are willing to invest their time, money and effort into rental housing our state’s economy and society would not function. You should be proud of your tremendous impact! Each year the UAA spends considerable time and effort working to make sure your interests are represented and that you are aware of any changes to state or federal law, industry best practices, court procedures or city regulations. As such,

yy How to set rent and understand market conditions yy New Eviction Court Procedures yy Update on Familial Status protections under the Fair Housing Act yy “10 Biggest Mistakes Landlords Make, and how to avoid them” yy “Just Cause” evictions for tenants receiving Government Assistance yy Running Background Checks using a “Tax Identification Number” instead of a Social Security Number yy Explaining Tenant’s Rights & Responsibilities yy Changes to the Ogden Good Landlord Program

We are excited to provide this resource to our members. If you would like to get a copy of this book please email info@uaahq.org to request that one be mailed to you.

Advertise in Rental Housing Journal Utah Circulated to over 6,000 apartment owners, on-site and maintenance personnel monthly.

Call 503-221-1260 for more information 2

Rental Housing Journal Utah · November 2016

Utah Apartment Association 448 E Winchester St Ste. 460 Salt Lake City, UT 84107 Ph: (801) 487-5619 Fax: (801) 484-8649 www.uaahq.org

Director’s Message

Assistance Animals Do’s and Don’ts 1. You cannot deny a reasonable request for a medically necessary animal. If the animal is necessary for their disability, then they are allowed to have it. Even if it is an untrained dog. Or a cat. Or a hamster, garble, snake, tarantula, chicken or parakeet. Even if it is just a goldfish that helps them calm down (don’t we wish they were all goldfish? No such luck)

can prohibit the dog from barking all night, peeing on the carpet, scratching up the door, being outside without a leash, pooping all over the yard without it being cleaned up, or biting the neighbors.

forward to cover the potential risk posed by just a few.

6. Use the Assistance Animal Instructions and Forms on the UAA website.

We have worked on these forms for many years, even consulting with HUD. We are confident if you use them correctly and follow the instructions you can stay out And if the tenant doesn’t follow of trouble. these rules, then you can evict As always, if you have questions 2. You can verify that the them. You can also charge them about a tenant’s request for an for any damage that they did not person is handicapped and Assistance Animal, see the “Asthat the animal is necessary prevent their animal from doing. sistance Animal Instructions and to assist their disability Forms” on the UAA website or feel free please feel free to contact the This is important. You don’t have 5. You cannot charge pet UAA at 801-487-5619 or email us to just take their word for it. You rent, pet fees or a pet deabsolutely have the right to re- posit – because the animal at info@uaahq.org. quire some competent verification is not a pet. that they are not just trying to get It would be considered discriminaaround the rules. tion to make somebody pay more just because they are disabled. So 3. You can put in place you can’t charge a larger deposit of Reasonable animal (not the tenant with an assistance anipet) rules mal – but you can charge a larger The UAA lease has a provision that deposit of all your tenants going allows you to do this. Of course you

L. Paul Smith, CAE Executive Director Utah Apartment Association

ne of the most important services that the UAA provides to our members is answering your phone calls. We get dozens of calls every day about all sorts of issues. But one of the questions we get asked about most often is about “Assistance Animals”. So I wanted to briefly give you a run down about what you can and cannot do regarding these animal requests.

4. You can evict a tenant for not controlling their animal and charge them for any damage the animal has done.

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Rental Housing Journal Utah

Ask the Attorney Starting an Eviction — Filing an Eviction with the Court

By Jeremy M. Shorts, Esq Utah Eviction Law

ast month we spoke about Step #1 of the eviction process – Eviction Notices. Building a strong eviction case begins with the eviction notices. Since eviction notices are the foundation of the eviction case, landlords should do everything they can to build a good case with eviction notices. If you have any questions about eviction notices or how to start an eviction, refer to last month’s featured article or contact us. This month we’ll focus on Step #2 – Filing the Eviction with the Court. Eviction notices

are a prerequisite prior to filing an eviction with the court. A landlord can only file for an eviction AFTER the tenant has failed to comply within the appropriate time in the eviction notices. The judge will typically decide the eviction based on whichever eviction notices were issued to the tenants. For example, if the tenants are behind on their rent and also have a pet in violation of the lease agreement but the landlord only issued an eviction notice for the pet violation, the court cannot usually issue an eviction order based on the tenant’s failure to pay. The eviction process with the court starts by filing a summons and complaint. Most lawsuits allow for 21 days in order to respond to lawsuits. But a summons in an eviction requires a response within three business days of being served with the court papers. Under Utah

law, it is not uncommon for a lawsuit to last many months or even years in some situations. However, our average evictions are in the 2-3 week range to go through the court process. That is a combination of the eviction statutes allowing for expedited procedures for an eviction, but also, as an attorney, we have access to the e-filing system which allows for prompt communication with the court. As soon as we submit a file to the court, it is instantly received. Once the judge makes a decision it is usually emailed to us without having to wait for the mail or even a phone call from the court. For an eviction that is filed with the court, the landlord bears the burden of proof to convince the judge they are entitled to an eviction. We never want to file a loser lawsuit, so we do everything we can to increase our chances of success. In

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Rental Housing Journal Utah is a monthly publication published by Professional Publishing Inc., publishers of Real Estate Opportunities in Investing & Real Estate Investor Quarterly

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our experience, judge’s take evictions very seriously and only grant them when the landlord has complied with Utah’s eviction laws. In fact, Utah law requires strict compliance with the eviction laws in order to gain an eviction and be awarded attorney fees, costs and treble damages. It is important to make sure you are doing everything correct and that you also build a strong case. Especially for a heavily disputed or contested eviction, we tell our clients to pay attention to what evidence the judge will focus on to decide the eviction. Landlords should take every effort to present convincing evidence in order to make the decision as easy as possible for the judge. Do what you can do document your file to build a good strong case. For example, if your tenant is behind on the rent and has a pet, make sure you have detailed records showing the balance owed and do what you can to document the pet violation (get statements from neighbors, take pictures, etc.). In the end, there are never any guarantees when you’re in front of a judge. But building a strong case with solid eviction notices and evidence will increase your likelihood of success when you’re in front of the judge. Jeremy Shorts is the managing partner of Utah Eviction Law. To contact Jeremy call 801-610-9879 or email info@utahevictionlaw.com

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New Evictions Proceedings ...continued from page 1 In essence the new rule requires that the owner/ landlord/ property manager must now provide to the tenants the following at least 48 hours before the eviction: yy Any written rental agreement yy The eviction notice that was served yy Itemized calculation of rent, damages, and attorney fees as of filing, and a ledger showing itemized breakdown of all charges and payments yy A factual basis for the eviction (usually outlined in eviction notices)

yy The name and, if known, the address and telephone number of each fact witness the plaintiff may call at the occupancy hearing and, except for an adverse party, a summary of the expected testimony.” yy Notice to the tenant of their disclosure obligations

If you are using an attorney for your evictions, all of those things except the last one were already happening – and your attorney will take care of that for you. If you are not using an attorney, you can still

do an eviction on your own - but this new rule will mean that you have to be even more careful that you follow the process carefully or risk the case being thrown out. Ideally you should send all of these documents listed above along with the summons and complaint. However, this new process cuts both ways. You have to provide tenants all of the information that you will use against them in the hearing beforehand, and they will have to provide you all of the in-

formation that they might use as a defense beforehand as well. What happens if a Party fails to comply with this New Rule? The judge has final say, but this can lead to the noncompliant party’s evidence or testimony being thrown out of court. So far it is expected that this new rule will actually end up helping more landlords than it hurts, but only time will tell. We will keep you updated if there are any new developments. If you have questions about these new procedures contact your attorney. Jeremy Shorts is an attorney and principle with Utah Eviction Law. He can be reached at 801-6109879 or info@utahevictionlaw.com

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Ogden Good Landlord Pilot ...continued from page 1 obtain a waiver from the city if they can demonstrate that they pose less risk to the landlord and the neighborhood. Landlords are not required to rent to people with a waiver, you can still use your own criteria. However, this does give you permission to rent to people that you would be willing to rent to if it were not for the city giving you an incentive not to do so. Here is a letter from the city explaining the program that we have been asked to share with our members:

Ogden City Business Licensing Dear Ogden City Landlord:

side in a good landlord property must obtain a waiver from Ogden City business licensing. A landlord desiring to rent to a waiver tenant must contact business licensing to confirm the validity of the waiver prior to entering into a lease agreement with that individual. This pilot program recognizes the goal of the Utah legislature, through adoption of the Utah Justice Reinvestment Initiative, to maintain secure communities, while recognizing the risks and treatment needs of individual offenders. For more information about the pilot waiver program, please contact: Ogden City business licensing, 801-629-8687, or go to: http://waiver.ogdencity.com

Effective October 1, 2016, Ogden City and Adult Probation and Parole are participating in a pilot waiver program to allow a landlord whose property is licensed under Ogden’s good landlord incentive program to rent to an individual who would otherwise not qualify to reside in such property due to the individual presently being on probation or parole or due to his or her criminal background. An individual presently on probation or parole who desires to re-

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UAA PAC Fundraiser ...continued from page 1

UAA Members relaxing while discussing political issues 2016,” said Kirk Cullimore Jr., Government Affairs Committee Chair. UAA member, property manager and Speaker of the Utah House of Representatives Greg Hughes spoke to the association members about the importance of political action and property rights in the state of Utah. Following his remarks, attorneys and lobbyists to the association helped explain how the UAA PAC works to protect our industry. Mike Ostermiller explained “the UAA PAC helps elect and keep in office industry supportive public officials. The funds go towards campaigning, election efforts, education, lobbying efforts at the state capital and local city halls. Without our fundraising efforts, landlord’s voices would be silenced, and property rights would take a back seat on the political agenda within the state.” In addition to the great conversations regarding advocacy, and the state of the apartment industry; you’re not going to leave Top Golf without having a lot of fun. Members of the Association were able to

network, swing the club, and have all you could eat Mexican fiesta grill. “It’s such an entertaining, inviting, and friendly environment here. It’s been a fun event to attend” said Jeremy Palmer. Attendees could be seen laughing, ordering deserts, and all in all having a fantastic time. “The UAA is very grateful to those who help our industry in such an impactful way. We are so happy the event was a success and look forward to working with you to improve and support rental housing. We’re already looking to next year’s event, for even more laughs, and an even better time,” said Kirk Cullimore Jr. As of this printing the UAA has raised over $75,000 this year from nearly 1,000 individuals. “If you haven’t given yet, or if you can afford to give more, please help us reach our $100,000 goal by December 31st,” said Cullimore.

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Rental Housing Journal Utah Â· November 2016