Utah landlord-tenant law

Before you accept an application fee or any other payment from a prospective tenant, disclose in writing a good faith estimate of the rent and of each fixed non-rent expense, the type of each use-based non-rent expense, the date the unit should be available, the criteria you will use to decide eligibility (including criminal history, credit, income, employment and rental history), and how the applicant can get money back.

Utah Code § 57-22-4(3)

Utah's Fair Housing Act makes it unlawful to refuse to rent, to set different terms, or to publish or use an application form that expresses a preference, because of race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation or gender identity.

Utah Code § 57-21-5

At or before the start of the term, disclose in writing the owner's name, address and telephone number, or those of the person authorized to manage the unit, and give the tenant an executed copy of a written rental agreement and any rules. Before taking an application payment, give the written estimate and criteria disclosure. Before signing, offer the condition inventory, form or walkthrough. If you actually know the property is currently contaminated by methamphetamine use, storage or manufacture, disclose it in the lease.

Utah Code § 57-22-4(3), (6), (7) Utah Code § 57-27-201

Utah's Fit Premises Act and deposit law have no flood disclosure rule for rentals. Other Utah law was not checked for one.

Utah Code ch. 57-22 Utah Code ch. 57-17

At or before the start of the rental term, disclose in writing the owner's name, address and telephone number, or the name, address and telephone number of the person authorized to manage the unit. If the manager cannot receive notices, also name the person authorized to receive notices and act for the owner.

Utah Code § 57-22-4(7)

Utah does not cap the amount of a security deposit. If any part of a deposit is non-refundable and there is a written agreement, say so in writing to the tenant when you take the deposit.

Utah Code ch. 57-17 Utah Code § 57-17-2

No later than 30 days after the tenant vacates and returns possession, mail or deliver to the tenant's last known address, or send electronically by a means the tenant gave you, the balance of the deposit, the balance of any prepaid rent, and a written notice that itemizes and explains each deduction. You may deduct rent, damage beyond reasonable wear and tear, other costs and fees the contract provides for, and cleaning of the unit.

Utah Code § 57-17-3 Utah Code § 57-17-5

Utah's deposit law does not require a separate account for security deposits and does not require you to pay interest on them.

Utah Code ch. 57-17

Move-in condition

Before signing the rental agreement, do one of three things: give the prospective tenant a written inventory of the unit's condition, excluding ordinary wear and tear; give the tenant a form to record the condition and allow a reasonable time after move-in to complete and return it; or offer a walkthrough inspection.

Utah Code § 57-22-4(6)

A late fee may not exceed the greater of 10 percent of the rent in the rental agreement or $75. You also may not charge any fee, fine, assessment, interest or other cost that is higher than the rental agreement states, or that the agreement does not include at all, except that under a month-to-month agreement you may add one with 15 days' notice.

Utah Code § 57-22-4(5)

Under Utah's check law, when a check is returned because the account lacks funds, is closed or does not exist, when it comes back marked refer to maker, or when payment is stopped to defraud you, the person who wrote it owes the check amount plus a $20 service charge. After a written notice, unpaid amounts can grow by collection costs of up to $35, and by further damages in a lawsuit if still unpaid 30 calendar days after the notice. Separately, the Fit Premises Act does not bar a fee stated in the rental agreement.

Utah Code § 7-15-1 Utah Code § 57-22-4(8)

Rent increase notice

Partly read

The Utah statutes read for this page set no notice period for a rent increase and no limit on its size. During a fixed term, the rent is what the lease says. A month-to-month tenancy can be ended on notice served at least 15 calendar days before the end of a rental period, and cities and counties may not adopt rent control.

Utah Code ch. 57-22 Utah Code § 78B-6-802(1)(b) Utah Code § 57-20-1

Give the tenant at least 24 hours' notice before entering the unit, unless the rental agreement provides otherwise. The tenant may not unreasonably deny access or withhold consent to entry by you, your agent or manager to make repairs.

Utah Code § 57-22-4(2) Utah Code § 57-22-5(2)(c)

Keep each rental unit fit for human habitation and in line with local ordinances and board of health rules, with electrical systems, heating, plumbing, and hot and cold water. Do not rent premises that are not safe, sanitary and fit for human occupancy. Maintain common areas in a sanitary and safe condition, the electrical, plumbing, heating and hot and cold water systems, any air conditioning in operable condition, and any other appliances the rental agreement specifically covers.

Utah Code § 57-22-3 Utah Code § 57-22-4(1)

A tenant may serve a written notice of a deficient condition that describes it, gives you the corrective period (three calendar days for a habitability standard, ten calendar days for a rental agreement requirement), names the remedy the tenant chooses, and allows you to enter. If you do not take substantial action toward fixing it in time, the tenant may either abate rent and end the agreement, or repair it and deduct the cost from future rent, up to two months' rent.

Utah Code § 57-22-6

A tenant who is a crime victim, including of domestic violence, stalking, dating violence, a sexual offense or burglary, may require you to install a new lock by giving you a protective order issued after a hearing or a police report documenting the act, and paying the cost. You may rekey a working lock or replace the mechanism with one of equal or better quality, keep a key, and must refuse a key to the perpetrator.

Utah Code § 57-22-5.1(1) to (3)

Utah's Fit Premises Act has no smoke alarm section, but it requires rentals to meet local ordinances and board of health rules, so any alarm rule in the codes that apply to the building matters. State fire and building codes were not read for this page.

Utah Code § 57-22-3(1)

Utah's Fit Premises Act and its eviction statutes contain no general rule against retaliation. They do bar you from restricting a tenant's ability to call a public safety agency, such as police, fire or ambulance, and from penalizing or evicting a tenant for making reasonable requests for that help.

Utah Code § 57-22-5.1(10)

You may not willfully exclude a tenant from the premises in any manner except by judicial process. The one exception is retaking and rerenting premises the tenant has abandoned.

Utah Code § 78B-6-814

To end a tenancy with monthly or other periodic rent, serve notice at least 15 calendar days before the end of the month or period, requiring the tenant to leave at the end of it. A tenancy at will needs notice of at least five calendar days. A fixed term ends when the term expires without any notice.

Utah Code § 78B-6-802(1)(a), (1)(b)

Ending a fixed term early

Partly read

A tenant who is a victim of domestic violence may end all future obligations under the rental agreement by giving you a court order protecting the tenant (not an ex parte order) or a police report showing the tenant is a victim and not the predominant aggressor, a written notice with the move-out date, and a termination fee of one month's rent. The tenant must move out within 15 days after the notice and pay rent for that time.

Utah Code § 57-22-5.1(4) to (9)

When rent or other amounts due are unpaid, serve a written notice requiring payment or surrender of the premises. The tenant commits unlawful detainer only if the notice goes uncomplied with for three business days after service. The notice may be served any time after the rent becomes due.

Utah Code § 78B-6-802(1)(c) Utah Code § 78B-6-805

For a breach of a lease condition or covenant other than rent, serve a written notice requiring the tenant to perform or surrender the property within three calendar days after service, on the tenant and any subtenant in actual occupation. For assigning or subletting against the lease, waste, an unlawful business, a nuisance, or a criminal act on the premises, a three calendar day notice to quit may be served instead.

Utah Code § 78B-6-802(1)(d) to (1)(h)

After the notice period runs, file an unlawful detainer action. The summons gives the tenant three business days from service to appear and defend, unless the court allows more time. When the tenant stays in possession, the court must expedite the case and begin trial within 60 days after the complaint is served unless the parties agree otherwise.

Utah Code § 78B-6-807 Utah Code § 78B-6-810

Abandonment is presumed when the tenant has not told you of an absence and either has not paid rent within 15 days after it was due and nothing but their belongings suggests they still live there, or has not paid when due, has removed their belongings and shows no sign of living there. You may serve a declaration of abandonment; if the tenant does not dispute it in writing within 24 hours, not counting weekends and court holidays, abandonment is established.

Utah Code § 78B-6-815 Utah Code § 78B-6-816

Utah small claims court hears money claims up to $20,000 through December 31, 2029, including attorney fees but not court costs and interest, rising to $25,000 on January 1, 2030. The defendant must live, or the debt must have been incurred, within the court's jurisdiction.

Utah Code § 78A-8-102

Disputed occupancy and ownership claims

Partly read

Identify whether the person is a tenant, a guest or someone asserting ownership before choosing a response. Utah’s adverse-possession rules require qualifying occupation and tax payments; seven years of presence alone does not settle title. Occupancy and ownership disputes may require different procedures.

Utah Property Rights Ombudsman: adverse possession Utah Courts: criminal trespass by a long-term guest

A Utah county, city or town may not control rents or fees on private residential property without the Legislature's express approval. Counties and cities also may not adopt ordinances inconsistent with the Fit Premises Act, though they may still enforce their own administrative remedies for local code violations.

Utah Code § 57-20-1 Utah Code § 57-22-7