A reasonable person may think Utah’s landlord-tenant law is in place to provide guidance, rights and responsibilities for property owners who provide a unit for rent and for renters who seek a place to call home. By all American legal norms, the law shall provide a balance for both parties to enter a mutually agreed contract or lease agreement, where one makes an income and the other pays an income. One provides habitable housing conditions and the other one maintains it. When the contractual relationship ends due to its terms or by necessity, both parties should have access to remedies and resources to make the “breakup” as decent as possible. Ideally, the ending of the contractual agreement is mutually agreed upon by both parties: Renters pay what they owe, and owners reimburse what they have to give back. Both parties move on.
One aspect of the owner/renter relationship is a violent act that affects one more than the other: eviction. It’s an act of violence enforced by the owner or by their eviction attorneys onto the renter. Eviction carries stigma and shame. It affects future housing opportunities. It can lead to homelessness. In Utah, an eviction leads to exponential debt through treble-damages and interest. It leads to debt collections and wage garnishments.
The recent articles “Utah eviction law means harsh potential consequences for a growing number of people” and “Where to get help to prevent an eviction in Utah” provide data, statistics, resources and quotes from both sides of the issue. Anyone who worked or advocated for Utah’s renters knows that People’s Legal Aid Utah’s executive director, Danielle Stevens, was 100% correct when she told The Tribune that organizations can’t “lawyer our way out of deeply ingrained systemic issues.”
The big solution to the issue stated above is visibly missing from the reporting: What can renters do to change the deeply ingrained systemic issues?
Utah’s landlord-tenant laws are not “amazing” for renters and do not help them. What is amazing are kindhearted property owners and the renters in Utah who do their best every day to show up and meet their obligations, in spite of really challenging circumstances. Good property owners are amazing and help renters.
Utah’s landlord-tenant laws preempt all local governments to enact any laws pertaining to landlord-tenant relationships, while cities and counties can only oversee zoning and business licensing regulations, as well as the Good Landlord Program.
If something is in the law, it doesn’t mean it is right, moral, or even legal or constitutional. When it comes down to evictions, codified treble damages (three times the owned rent) are mandatory by state law. A judge has no option but to apply treble damages. In addition to treble damages, rent, fees and penalties, a renter is required by the lease agreement to pay interest and collection fees. Utah’s landlord-tenant laws were written, supported, and lobbied for by the eviction attorneys special interest group. The laws governing landlord-tenant laws and court proceedings are written in legal gibberish. A regular person would not understand what the laws mean or the associated consequences.
To have systemic transformations to balance the landlord-tenant rights and responsibilities, change must take place through legislative actions at the state level. The task might seem monumental. Few housing advocates may feel they carry the responsibilities of many. The power and strength of 304,577 current renter households will be the force to advocate for housing systemic transformations in our state.
I’m grateful The Salt Lake Tribune continues to provide investigative journalism that matters to our community. As a reader and renter, I’m capable of providing a response to their journalism through this written commentary based on my personal and professional experiences. As a housing advocate, I know very well I cannot continue my work without the support of an organized renters’ group, because representation matters.
As a member of this community, I’m appalled at the crass statements quoted in the article and provided by the representative of the landlords and eviction attorneys special interest group.
If you are a renter, please know this: We see you and we recognize you. Do not let such comments make you believe you are some sort of “ostrich” who is hiding away from life’s issues and responsibilities. Do not let such derogatory statements define you. I urge you to be kind, to share your story, to let the community know who you are and to tell all of us about your contributions to a better and just community.
We as renters face unprecedented high rents and fees and low vacancy rates and affordable housing stock. The cost of living increased while stagnant wages have to make do for bare necessities like food, transportation, day care, education and health care. And we all know rent always eats first.
I spearheaded and co-founded the Renters Justice Coalition to have a united voice for renters across the state. If you want to learn more about this collective effort, please visit our website at www.rentersjusticecoalition.org.
Francisca Blanc is a housing advocate specializing in Utah’s landlord tenant and manufactured housing laws. She is the co-Founder of the Renters Justice Coalition (RJC).
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