Looking for clear and concise information on Utah landlord tenant law? Get all your answers from this plain English guide to the Utah Landlord Tenant Code.
UT Landlord Tenant Law:
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging $25 to $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
Before running background or credit checks on tenant applicants, landlords must first obtain the applicant's written permission. [Fair Credit Reporting Act § 604(a)(3)(F)]
For landlords to run background and credit checks, the tenant application form needs to ask for the applicant's:
The federal Fair Housing Act disallows landlords from rejecting prospective renters based on their race, color, religion, nationality, sex, *familial status or physical/mental disability. *Familial status means landlords cannot reject someone for having one or more children under 18. Familial status also includes pregnant women and people planning to have (or adapt) children under 18.
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A tenancy agreement (also known as a lease agreement or rental agreement) can be written or verbal.
The landlord and tenant can choose between a month to month tenancy or fixed term lease. For a month to month tenancy, the landlord or tenant can change its terms and conditions at the end of every month. For a fixed term lease, the landlord and tenant CANNOT change the lease terms and conditions during its duration... unless there is written consent from both parties.
Utah landlord tenant law requires all tenancy agreements to contain the following details:
According to Utah landlord tenant law, your lease agreement CANNOT [UT 57-22-5.1.(5)]:
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As long as the tenant is agreeable, Utah landlord tenant law doesn't limit the maximum amount of security deposit the landlord can ask for. Both the landlord and tenant have to agree on the security deposit amount and include it in the written rental agreement (if there is one).
If any of the deposit is not refundable, it has stated within the written rental agreement (if there is one). [UT 57-17-2]
There are no Utah landlord tenant laws on security deposit holding methods and security deposit interest.
Utah landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions (under Utah landlord tenant law) include [UT 57-17-3]:
The landlord is NOT allowed to take money from the security deposit due
to damage from *normal wear and tear. *Normal wear
and tear is the natural deterioration of the property (and its contents)
from normal everyday use.
Once the lease terminates, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 30 days. This list has to individually account for all damages and rent owed in writing. The tenant has to inform the landlord or landlord's agent where to send this list and any remaining deposit within 30 days (of the lease terminating).
If the landlord fails to follow Utah landlord tenant law for deducting and returning security deposit, the tenant can recover the full deposit amount plus $100 plus court costs. [UT 57-17-5]
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Salt Lake City, Utah UT
Utah landlord tenant law requires the tenant to pay rent without demand
or reminders. As long as the landlord and tenant are agreeable, they
can choose the time, place and method of rent payment. [UT 57-22-5.(1)(g)]
There are no Utah landlord tenant statutes on imposing charges for late rent payments.
If the landlord wants to impose late rent charges, it has to be specified in the tenancy agreement. While there are no state laws on late fees, landlords cannot overcharge or impose unfair terms. Otherwise the tenant can refuse to pay and challenge the late fees in court.
Most states consider reasonable late fees to be around 3 to 5% of the rent amount. In addition, landlords should wait until rent payment is at least three days late before charging late fees.
There are no specific Utah landlord tenant statutes on raising rent.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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The Utah Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [UT 57-22-4]:
Utah landlord tenant law also requires the tenant to keep the property in a clean and safe condition [UT 57-22-5]:
If the landlord fails to maintain the property, the tenant can give the landlord a written "notice of deficient condition" with the following details [UT 57-22-6.(2)(b)]:
*This deadline is three days if the landlord violates Utah landlord tenant law for property maintenance (see Landlord Duties and Responsibilities above) OR it is 10 days if the landlord violates the rental agreement for property maintenance. [UT 57-22-6.(2)(a)]. If there is a dangerous condition, the deadline shall be 24 hours. [UT 57-22-6.(3)(c)]
If the landlord fails to fix the problem within the deadline, the tenant has TWO choices:
1. The tenant can terminate the rental agreement [UT 57-22-6.(4)(a)(i)]
The tenant won't have to pay rent from the day that the landlord was given the notice of deficient condition. The landlord has return the FULL security deposit amount plus any prepaid rents. The tenant shall have to move out of the rental unit within 10 days after the above *deadline has expired.
2. The tenant can make repairs and deduct the costs from rent [UT 57-22-6.(4)(a)(ii)]
If the problems can be fixed for less than two month's rent, the tenant can make repairs and deduct the costs from his or her rent. The tenant has to keep all related receipts and give the landlord a copy within five days (once the next rental period has begun).
In BOTH cases, the tenant can also sue the landlord for damages plus court costs and attorney fees. [UT 57-22-6.(5)(a)]
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There are no Utah landlord tenant statutes on when and how the landlord can enter the property.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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There are no specific Utah landlord tenant laws on subletting.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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Park City, Utah UT
Before terminating a tenancy, Utah landlord tenant law requires you to give the other party a written notice to quit in advance [UT 78B-6-802.(1)(b)]:
Month to month tenancy |
15 days |
Tenancy at will |
5 days |
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Landlord failed to maintained property |
1, 3 or 10 days |
Tenant is a victim of domestic violence |
Immediate |
If the tenant is a victim of domestic violence, the tenant can terminate the rental agreement immediately by giving the landlord a written notice to quit plus one of the following documents [UT 57-22-5.1.(4)]:
After giving the landlord this notice, the tenant has to pay him or her an amount equal to 45 days' rent.
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According to Utah landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit [UT 78B-6-802]:
Tenant was late in paying rent |
3 days |
Tenant sublet or assigned property without landlord's permission |
3 days |
Tenant caused (or allowed other to cause) property damage |
3 days |
Tenant was involved in illegal activities on property |
3 days |
Tenant violated tenancy agreement |
3 days |
If the tenant did not pay rent on time, the landlord can send the tenant a seven day written notice to terminate the tenancy. This
notice must state the amount of rent owed and that the rental agreement
shall be terminated if rent isn't paid within three days. [UT 78B-6-802.(c)]
If the rent is paid within three days, then tenancy shall continue.
If the tenant engaged in illegal activities on the property, the landlord can evict the tenant by sending him or her a written three day notice to quit. [UT 78B-6-802.(e),(f),(g)]
Examples of illegal activities include illegal gambling, street gang activities, prostitution, illegal firearms possession. Unlawful production, sale, distribution or possession of controlled substances are also considered illegal activities. [UT 78B-6-1107]
If the tenant violated the tenancy agreement (in other ways), the landlord can send the tenant a written three day notice to quit.
This written notice has to state what is the tenant's violation or
failure in duty. If the tenant corrects the problem within three days, then
the tenancy shall continue. [UT 78B-6-802.(h)]
Also known as "Eviction Notice" or "Notice of Termination of Tenancy", landlord can give the tenant a notice in quit with any following method [UT 78B-6-805]:
According to Utah landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation), changing the locks, taking the tenant's belongings or taking possession of the property by force without a court hearing. [UT 78B-6-814]
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According to Utah landlord tenant law, the tenant has abandoned the property when in ONE of the following situations [UT 78B-6-815]:
Once the property is abandoned, the landlord may enter it and re-rent it.
As long as the landlord makes a proper effort to re-rent the property at a fair rate, the abandoning tenant will be responsible for paying rent until the tenancy ends. In addition, the abandoning tenant has to pay for the costs of re-renting the property and restoring it to original condition before the tenancy (but he or she won't have to pay for damage due to normal wear and tear).
If a new tenant is moving in before the tenancy ends, then the abandoning tenant can stop paying rent once the new tenant moves in. [UT 78B-6-816.(1)]
If the tenant abandoned the property and left his or her personal belongings behind, the landlord can remove the belongings from the property and store them somewhere else. The landlord has to inform the tenant where the belongings are stored and give the tenant at least 30 days to remove them. [UT 78B-6-816.(2)]
If the tenant doesn't recover the belongings within 30 days, the landlord can donate them to charity or sell them to pay for the following:
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Utah Landlord Tenant Law:
Utah Landlord Tenant Handbook: Utah Renters Handbook