Building Monitoring Systems, Inc. v. Paxton

905 P.2d 1215 (1995)

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Nature of the Case

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Facts

D rented an apartment from P under a month-to-month rental agreement. D notified P's resident manager that the plumbing and wiring in their apartment needed to be repaired. Minor repairs were done, but D had to complain to the Salt Lake City and County Health Department of an inoperable refrigerator, leaking sinks, decaying bathroom walls, and deteriorated carpeting. The Health Department determined that these conditions violated health department regulations and sent P a letter ordering it to make necessary repairs by September 7. On September 1, P served D with an eviction notice, effective September 30. The tenancy was reinstated when the manager accepted rent from D for the month of October. Ds made another complaint to the Health Department and gave P a written list of needed repairs. P served D with another eviction notice. When they did not leave, P sued for unlawful detainer. D sought an injunction for retaliatory eviction. The court agreed that the eviction was retaliatory but declined to recognize the defense because of the lack of statutory or case law defining it in Utah. D appealed.