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Utah Landlord-Tenant Laws

Utah Landlord Tenant LawsThis article is intended to be an online resource for Utah landlords.  We summarize key Utah Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified for legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Utah Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state-level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Utah.

 

Quick Facts for Real Estate Investors Considering Utah

Utah landlord-tenant laws are considered Landlord-friendly.

There are 3.2m  residents in Utah.  Major metropolitan markets in Utah are:

  1. Salt Lake City: Estimated population of 1,232,696, which 33% of residents are renter occupied.  The average rent is $1,070.
  2. Ogden: Estimated population of 683,864, which 25% of residents are renter occupied.  The average rent is $931.
  3. Provo: Estimated population of 648,252, which 33% of residents are renter occupied.  The average rent is $1,008.
  4. St George: Estimated population of 177,556, which 31% of residents are renter occupied.  The average rent is $984.
  5. Logan: Estimated population of 142,165, which 35% of residents are renter occupied.  The average rent is $797.

 

SECURITY DEPOSIT LAWS IN UTAH

 

Does Utah require security deposits?

Utah does not require security deposits, however, if accepted then there are laws and regulations.

 

Is a security deposit receipt required in Utah?

No statute.  It is generally recommended to still send a receipt of at least the date, the total amount received, and its purpose.

 

How much security deposit can a landlord charge in Utah?

Utah does not state a limit on security deposits.  Generally, landlords will charge one to one-and-a-half month’s rent for a security deposit.

 

 

Storage Requirements for Security Deposits in Utah:

Utah does not state where a landlord must keep security deposits.

 

 

Can security deposits be commingled with other assets in Utah?

Landlords can commingle deposits with their personal funds.

 

Do landlords have to pay interest on security deposits in Utah?

Landlords are not required to share the interest earned for deposits.  No statute.

  

 

 

When must a landlord return the deposit by in Utah?

Landlords must return the security deposits within 30 days after the termination of the lease and delivery of possession by the tenant.  (Utah Code §§ 57-17-3)

 

When can a landlord in Utah withhold a security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit for (Utah Code §§ 57-17-3):

  • Unpaid rent and/or fees
  • Damages beyond normal wear-and-tear
  • Cleaning of the unit

 

 

 

Nonrefundable fees:

Allowed but there must be a written agreement and stated if any part of the deposit is to be made non-refundable.  (Utah Code §§ 57-17-2)

 

Pet Deposits and Additional Fees:

No statute on pet security deposits.

 

Require a written description / itemized list of damages and charges?

Landlords are required to provide a written and itemized list of damages that are delivered.  (Utah Code §§ 57-17-3)

 

What happens to Utah landlords that fail to comply with returning the security deposit?

Landlords that fail to return the security deposit or acts in bad faith are liable to return the deposit, receive a civil penalty of $100 and pay for attorney fees.  (Utah Code §§ 57-17-5)

 

 

 

 

 

RENTAL AGREEMENT LAWS IN UTAH

 

Rental agreements required in Utah:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Utah rental lease agreement.

 

What are the required lease provisions in Utah?

Utah requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Conditions of occupancy
  • Description of the rental unit
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Rent Amount and Due Date.Provision defining automatic renewal
  • Pet policies
  • Late Fees and Penalties
  • Landlords name, address, and phone number
  • Length of the lease agreement
  • Tenants name, address, and phone number
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities
  • Occupancy by children or pets
  • Required deposits and the conditions for their refund
  • Inspection rights by the landlord
  • Other fees
  • Address of rental property
  • Subleasing policy
  • Cleaning Fees

 

 

What are the rental agreement notice requirements in Utah:

Fixed-End or Year-to-Year: Leases with a fixed end date will simply expire.  Those without a fixed end date requires a 15 day notice.  (Utah Code §§ 78B-6-802)

Month-to-Month: Must provide at least 15 days’ written notice at any time. (Utah Code §§ 78B-6-802)  Read our guide on Month-to-Month rent.

Week-to-Week: Must provide at least 5 day’s written notice with the termination date specified in the notice. (Utah Code §§ 78B-6-802(b)(ii))

 

Rent Increase Notice:

No statute.  Commonly in other states, landlords provide at least one month’s notice.

Rent Grace Period for Residential:

There is no grace period in Utah.  Landlords are allowed to charge a late fee the day after the rent due date.

 

 

Prepaid Rent:

No statute.

 

 

 

 

 

 

LATE FEES AND LIMITS IN UTAH

Late Fees for Residential:

Utah landlords can charge a late fee and no limit is defined.  Generally, landlords charge a $25-$50 or 5% of rent late fee.

 

 

 

 

UTAH LEASE TERMINATIONS / NOTICES TO QUIT

 

In Utah, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Utah?

Utah landlords must provide a 3-day notice, business days only.  This can be served any time after the rent becomes due.  (Utah Code §§ 78B-6-802(c))

 

How many days must a landlord allow before terminating for a Lease Violation?

Landlords must provide a 3 day notice to remedy or cure the violation.  (Utah Code §§ 78B-6-802)

 

 

Any actions that result in an immediate lease termination?

No statute.

 

 

 

 

UTAH LAWS ON REPAIRS

 

Utah requires landlords to provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so. 

How many days must the tenant give for repairs? 

Utah state landlords must be given 3 days notice to correct the condition if the issue makes the unit inhabitable.  Non-emergency issues have a 10 day notice.  (Utah Code §§ 57-22-6)

 

Can tenants withhold rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

Utah allows the tenant the following remedies to handle repairs if the landlord fails (Utah Code §§ 57-22-6):

  • Pay for essential services during the period of the landlord’s noncompliance and deduct from rent.  Cannot exceed an amount equal to two months’ rent.  Tenant must maintain all receipts documenting the amount and provide receipts to the owner within 5 calendar days.
  • Abate rent starting the date of notice if the landlord fails to correct the issue before the corrective period ends.

 

 

UTAH LANDLORD LAWS AND RESPONSIBILITIES

 

Landlords have an obligation to the tenants, which include (Utah Code §§ 57-22-4):

  • Remain in compliance with all applicable building and housing codes materially affecting health and safety
  • Maintain electrical systems, plumbing, heating, and hot and cold water
  • Maintain any air conditioning system in an operable condition
  • Keep all common areas of the property in a clean and safe condition
  • In a multi-unit complex (2+ units), provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste from common points of collection.

 

 

 

UTAH TENANT LAWS AND RESPONSIBILITIES

 

Generally, tenants must dispose of all rubbish and garbage, refrain from unreasonable use of electrical, heating, and plumbing fixtures, meet all obligations lawfully by the code enforcement agency, refrain from willfully destroying or damaging the structure, take in additional occupants, rent or sublease without the owner’s consent.   (Utah Code §§ 57-22-5)

 

 

 

 

 

UTAH EVICTION LAWS

 

Can landlords do a ‘self help’ eviction?

In Utah, it is illegal for landlords to cause the tenant to quit the rental unit involuntarily.

Are landlords allowed to lockout tenants by changing locks?

The landlord cannot change or remove the doors or locks.  (Utah Code §§ 78B-6-814)

 

Are landlords allowed to turn off utilities?

The landlord cannot change or turn off utilities to impede on the tenants. (Utah Code §§ 78B-6-814)

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

No statute.  Burbz always encourages landlords to treat their tenant respectfully and do their best to re-rent the units at market value.

 

 

 

UTAH LAWS ON RETALIATION

 

Utah laws does not state any retaliation laws.  However, Burbz generally recommends for landlords not to retaliate for any of the following:

  • Tenant submitted, or threatened to, a complaint to a government agency for building or health code violation
  • Tenant has sent written complaints to the landlords about repairs
  • Tenant has exercised any lawful they are entitled to

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

Utah states a landlord cannot discriminate against prospective tenants or tenants because they have been a victim of domestic violence, sexual assault, rape or stalking.

If you are a victim, please search The Utah Domestic Violence Coalition  site for a helpline:

  • National Domestic Violence Hotline: 1-800-799-7233
  • National Sexual Assault Hotline: 1-800-656-4673

 

 

Verify Claim:

A landlord is allowed to verify the claim of Domestic Violence. Tenants have to provide a restraining order or police document.

 

 

Can a tenant terminate the least if they are a victim of domestic violence: 

Utah state law says a tenant with proof of Domestic Violence status is allowed with 45 days notice and proof of victim status.

 

 

Must Landlords Change Locks:

If requested by a victim of Domestic Violence, a landlord must the locks.  Cost of the lock is at the tenant’s expense.  Tenants can change locks but must provide the landlord with a set of keys.

 

 

 

 

UTAH LAWS FOR LOCKS AND LANDLORDS

Utah does not have any statewide laws regarding locks for landlords.  The tenant cannot remove, replace, or add a lock without the written permission from the landlord.  If the tenant does with permission, they must provide the landlord with a key. 

 

 

 

 

UTAH PET LAWS & PET POLICIES

Utah Landlord-Tenant Laws does not have any specific pet laws.  The lease agreement should to state whether pets are allowed and any type of pet deposit that will be charged.

Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more. 

Read our guide to pet policies.

 

 

 

 

 

DO LANDLORDS IN UTAH NEED A RENTAL LICENSE?

 

According to Utah Landlord-Tenant Laws, landlords do not need a rental license in Utah. 

Local cities may have different requirements, we recommend you research the local city-specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN UTAH

Do landlords in Utah have to provide notice of entry? 

Utah requires the landlord to provide 24 hours notice, except in the case of an emergency.  Entry is only allowed during reasonable hours

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees, or buyers.

 

When can a landlord enter without notice:

No statute.   Generally, states allow landlords to enter in the case of an emergency to life safety or property.

 

 

Can landlords enter for non-emergency maintenance and repairs?

No statute.  Must provide a 24 hour notice.

 

 

Can landlords enter for showings?

No statute.  Must provide a 24 hour notice.

 

 

 

Can landlords enter for emergencies without notice?

No statute.  Must provide a 24 hour notice.  States typically allow entry for life safety or property safety, however Utah does not specifically state emergency entries.

 

 

Can landlords enter during Tenant’s extended absence?

No statute.

 

 

Can landlords enter for pesticides?

No Statute.

 

 

 

 

 

UTAH SUBLEASE AND ASSIGNMENT PROVISIONS

Landlords should include a clause in the lease agreement to prevent subleasing.  Otherwise, the tenant may sublet the rental unit.

 

 

 

 

TENANT ABANDONED PROPERTY IN UTAH

 

Utah Landlord Tenant Laws state a tenant is considered abandoned if they have been absent for 15 days, not paid rent, and no other reasonable evidence that the tenant is still there.  Or, the rent is more than a day late and the tenant’s possessions are gone with no reasonable evidence the tenants still live there.

Landlords must provide written notice both posted at the rental unit and sent via first class mail to the tenants last known address.  Tenants have 15 calendar days to pick up their property after they pay for costs of inventory, moving and storage.  Landlords may sell the property at a public sale or donate to charity after the 15 day period has ended.  Personal property does not include motor vehicles.

Read more: (Utah Code §§ 78B-6-816(2-3))

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR UTAH LEASES

 

Utah Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

Methamphetamine Disclosure:  Landlords must disclose prior known contamination of the use, storage, or manufacture of methamphetamines before executing a lease agreement.

 

 

 

HELPFUL RESOURCES

Utah Code Ann §§ 57 – Real Estate

Utah Code Ann §§ 57-17 – Residential Renters’ Deposits

Utah Code Ann §§ 57-22 – Utah Fit Premises Act

Utah Code Ann §§ 78A-8 – Small Claims Court

Utah Code Ann §§ 78B-2 – Statute of Limitations

Utah Code Ann §§ 78B-6 – Particular Proceedings

Utah Code Ann §§ 78B-6-802 – Unlawful detainer by tenant for a term less than life.

Utah Insurance Department

Utah Division of Consumer Protection

U.S. Department of Housing and Urban Development – Utah – Tenant’s Rights, Laws and Protections

 

UTAH RELATED COURT INFO & LINKS

 

Utah Small Claims Court Limits:

$10,000 is the limit for small claims court.  (78A-8-102)

 

Utah Eviction Cases Allowed in Small Claims:

No.

Utah Judicial Branch

Utah Courts – Housing

Utah Courts – Landlord and Tenant

Utah Attorney General

Utah Bar Association

Overview of the Utah Eviction Process

Utah State Courts – Online Court Assistance Program

Utah Courts – Residential Eviction Process

Utah Courts – Abandoned Premises

 

 

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