Essential Utah landlord tenant law that every renter must know: What you can and cannot do under the Utah Landlord Tenant Code.
UT Landlord Tenant Law:
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.
A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
However if the dwelling has four or less rental units and the landlord lives in one of them, then he or she won't have to follow the above Fair Housing laws. 42 U.S.C. § 3603(b)
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
Utah landlord tenant law requires all tenancy agreements to contain the following details:
According to Utah landlord tenant law Utah Code § 57-22-5.1.(5), your lease agreement CANNOT:
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). Utah Code § 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 Utah Code § 57-17-3 include:
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. Utah Code § 57-17-5
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. Utah Code § 57-22-5.(1)(g)
There are no Utah landlord tenant statutes on imposing charges for late rent payments.
There are no specific Utah landlord tenant statutes on raising rent.
The Utah Landlord Tenant Act Utah Code § 57-22-4 requires the landlord to maintain the property in a safe and habitable condition:
Utah landlord tenant law Utah Code § 57-22-5 also requires the tenant to keep the property in a clean and safe condition:
If the landlord fails to maintain the property, the tenant can give the landlord a written "notice of deficient condition". Utah Code § 57-22-6.(2)(b)
This notice of deficient condition has to contain the following details:
*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. Utah Code § 57-22-6.(2)(a)
If there is a dangerous condition, the deadline shall be 24 hours. Utah Code § 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
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. Utah Code § 57-22-6.(4)(a)(i)
2. The tenant can make repairs and deduct the costs from rent
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). Utah Code § 57-22-6.(4)(a)(ii)
In BOTH cases, the tenant can also sue the landlord for damages plus court costs and attorney fees.
There are no Utah landlord tenant statutes on when and how the landlord can enter the property.
There are no specific Utah landlord tenant laws on subletting.
Park City, Utah UT
Before terminating a tenancy, Utah landlord tenant law Utah Code § 78B-6-802.(1)(b) requires you to give the other party a written notice to quit in advance:
Month to month tenancy
Tenancy at will
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
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:
After giving the landlord this notice, the tenant has to pay him or her an amount equal to 45 days' rent. Utah Code § 57-22-5.1.(4)
According to Utah landlord tenant law Utah Code § 78B-6-802, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant was late in paying rent
Tenant sublet or assigned property without landlord's permission
Tenant caused (or allowed other to cause) property damage
Tenant was involved in illegal activities on property
Tenant violated tenancy agreement
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
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. Utah Code § 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. Utah Code § 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. Utah Code § 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. Utah Code § 78B-6-802.(h)
Also known as "Eviction Notice" or "Notice of Termination of Tenancy", Utah Code § 78B-6-805 requires the landlord to give the tenant a notice in quit with any of the following methods:
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. Utah Code § 78B-6-814
According to Utah landlord tenant law Utah Code § 78B-6-815, the tenant has abandoned the property when in ONE of the following situations:
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. Utah Code § 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. Utah Code § 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:
Utah Landlord Tenant Law:
Utah Landlord Tenant Handbook: Utah Renters Handbook
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.