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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Below is an overview of some of the rights and responsibilities of both landlords and tenants in Utah.
Are landlords in Utah required to give notice before entering the property?
In Utah, landlords are required to give their tenants written notice at least 24 hours before entering. Both parties may, however, modify these terms to suit their requirements better (for example, by adding extra notice days), however, any changes must be clearly stipulated in the lease agreement. (UCA §§ 57-22-4(2))
Are landlords in Utah allowed to enter the property to conduct maintenance and repairs?
Utah landlords have the right to enter rental properties for legitimate tenancy-related needs, like maintenance and inspections. Legally speaking, they must give at least 24 hours notice before visiting the property unless there is an emergency. (UCA §§ 57-22-5(2)(c))
Landlords in Utah are allowed to charge late fees for overdue rents. However, these fees can be at most $75 or 10% of the agreed-upon rent sum, whichever is greater. (UCA §§ 57-22-4(5)(a))
Additionally, for a late fee policy to be legally enforceable, it must be included in the agreed-upon lease conditions. There is no mandatory grace period in Utah
Source: Overview of Landlord-Tenant Laws in Utah | Nolo, Utah Code Section 57-22-4.
SECTION 2
No. There are no rent control laws in Utah. Additionally, local governments are prohibited from enacting their own rent control regulations due to state law (UT Code § 57-20-1).
There is no limit on how much a landlord can increase their rent in Utah. However, rent increases should be ‘reasonable’, meaning they should be kept in line with market rates. Additionally, rent increases are only permissible for landlords in accordance with the terms specified in a lease.
According to Utah rent increase laws an owner of a rental property shall provide notice of an increase in the monthly rental amount 60 days before the date the rent increase takes effect unless:
(Utah Code H.B. 355 (8)) as per the May 2024 amendments to (UT Code 57-22-2) and (UT Code 57-22-4)
Despite the lack of rent control laws in Utah, there are certain situations where landlords cannot raise rents. These include:
Source: Rent Increase or Decrease | Utah Legal Services
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SECTION 3
A Utah lease agreement, as opposed to a rental application, is a formal contract specifying the terms and conditions of tenancy in Utah between a landlord (lessor) and a potential tenant (lessee).
The Utah standard residential lease agreement is the most widely utilized type of lease. This includes renting out residential real estate, such as homes, apartments, and condominiums.
Yes. Both oral and written lease agreemenst are allowed in Utah for leases that are less tha a year.
Under Utah Code Section 25-5 and 70A-2-201, some types of agreements are required to be in writing in order for them to be enforceable contracts. This includes rental lease agreements that last more than a year.
Here are some of the key components that should be included in an Utah lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Utah Standard Residential Lease Agreement | eForms
Source: Lease agreement | Utah.gov
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SECTION 4
There is no cap on the total amount of security deposits landlords can demand from tenants under Utah law. However local regulations might place restrictions on it. So, it's important to check your city's rules about security deposit limitations. (UCA §§ 57-17).
While there isn't a statutory cap, most landlords typically want a security deposit from their tenants equal to one to two times the rent.
Landlords are allowed to charge a pet deposit in addition to the security deposit in Utah. However, this fee cannot be charged to individuals with service animals since it would be considered discriminatory under the Federal Fair Housing Act.
When a renter leaves the property, landlords may deduct amounts from the security deposit to cover the following:
Additionally, if both parties have consented and it is specified in the written lease agreement, the tenant's security deposit may be deducted toward the balance owed on the rent.
There are no regulations in Utah regarding the storage of a tenant's security deposit by a landlord. This implies landlords are free to keep your tenant's deposit wherever they see fit.
Landlords in Utah have 30 days to return the security deposit to the tenant from the moment they move out of the property or 15 days after you receive their forwarding address. The tenant's forwarding address is where the landlord is expected to reimburse the deposit, in person or via registered or certified mail.
In the event that any deductions are made, the landlord is required to refund the portion of the deposit that's left, along with an itemized statement of the deductions.
Failure or refusal to return a tenant's deposit may result in consequences. Landlords might become liable to cover the tenant's legal and court costs in addition to any monetary damages.
Utah law does not require landlords to provide tenants interest on their security deposits.
Source: Refunding Renters' Deposits - Utah State Courts, Chapter 17 Residential Renters' Deposits | Utah Legislature (.gov).
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SECTION 5
The formal name for the legal process of eviction in Utah is "Unlawful detainer suit."
Utah has a statewide landlord-tenant statute, similar to other states, that landlords have to follow when evicting renters. For example, before they may evict a tenant, landlords are required to have a valid reason and give tenants prior notice. Also, trying to evict a tenant without a court order is unlawful.
There are several valid reasons for which landlords can legally evict a tenant. Here are some of the typical causes of tenant evictions in Utah:
There are different eviction notice requirements in Utah depending on the infraction. Below is an explanation of the types of eviction required under Utah eviction notice laws for each situation.
This notice usually applies when a tenant fails to pay rent. Landlords are required to give the tenant a 3-day Notice to Pay if they wish to evict them once the rent is past due.
Renters have three days at most from the date of this eviction notice to pay the rent or vacate the property. If they pay within the three-day notice period, the landlord cannot proceed with the eviction process. Otherwise, the landlord can file a court case to get legal assistance if the renter refuses to pay or vacate. (UCA §§ 78B-6-802)
If a renter violates the conditions of the lease, the landlord has the right to have them evicted.
All this notice does is provide the renter with three days to remedy the infraction. For instance, to repair any harm they may have caused by negligence. The landlord might be allowed to utilize their security deposit to pay for the repairs if they don't cure the infraction inside the allotted three days. (UCA §§ 78B-6-802)
Landlords must provide the renter this kind of notice before starting the eviction process if they are engaging in unlawful activity within your rental.
This notice differs from others in that the renter has no choice except to vacate. If they don't vacate the apartment, the landlord can take the renter to court to complete the eviction procedure.
This notice is for tenants whose leases are about to expire. Unless otherwise specified in the lease agreement, landlords are required to give tenants a Utah notice to quit (15 days) before their lease expires. (UCA §§ 78B-6-802)
Landlords are required to give a 5-day Notice to Quit in the case of "at-will" tenants.
The first step in the Utah eviction process is for the landlord to provide the renter with a formal written notice to either pay the rent, remedy the lease breach, or leave the property.
According to Utah law, landlords may deliver this notice to the tenant in person, ship it to the tenant's address via registered or certified mail, or leave it with a responsible adult at the residence. The landlord can also put up the notice in a conspicuous location on the property if they are unable to discover someone acceptable at the house.
The eviction process comes to an end if the renter is able to remedy the infraction within the allotted notice period. If not, landlords can proceed to file an unlawful detainer case in the district court where the property is located. The court will set a hearing date in ten days.
Next, the tenant will receive a summons from court officials informing them of the litigation and providing the date, time, and venue of the hearing. At the hearing, the defendant has the opportunity to present their case if they wish to challenge the eviction.
If landlords prevail in court, Utah law permits them to be compensated for their legal costs; however, this is only possible if the tenant signs a lease with a clause to that effect. Usually, landlords request a writ of restitution order from the court after winning the case.
The writ of restitution gives the tenant three days to leave the property (although on rare occasions, this might not happen—especially if vandalism or property damage is suspected or threatened). Additionally, this order permits a sheriff or constable to enter the property with the least amount of force or damage required if the tenant does not leave the property.
Source: Utah Code Title 78B Chapter 6 Part 8 – Forcible Entry and Detainer, Utah Courts – Eviction.
SECTION 6
According to Utah landlord-tenant law, landlords can use a Utah rental application to select a qualified applicant for a specific property during tenant screening. There are also a few laws that apply to rental applications in Utah.
Landlords in Utah are able to collect as much as they need as an application fee, as long as it doesn't exceed the actual cost of performing screening and checks. Also, landlords are required to notify the applicants beforehand if the application fee is not refundable.
As per the 2024 amendments to (UT Code § 57-22-4(3)), before accepting an application fee or any other payment from a prospective renter, the landlord must disclose in writing:
According to the Utah Fair Housing Act, landlords are prohibited from housing discrimination against protected classes. This means that, as long as it's lawful, a landlord cannot treat an applicant differently based on the kind of money they make or get.
Preferably, landlords should refrain from asking for information in the application form that can be deemed applicable for discriminatory purposes.
Utah landlords are allowed to perform various kinds of background and credit checks on prospective renters. However, they can only do so with the consent of the applicants. It's essential to add a consent-seeking form attached to the application form for applicants to sign.
According to federal law, landlords must give an adverse action notice to a renter in case their application is rejected. This notification is required to inform the applicant that:
To make the rental application process effective, here is a list of crucial requests to include in your Utah rental applications:
Source: Rental Application - LEASE AGREEMENT - Utah Eviction Law
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SECTION 7
The concept of breaking a lease is defined as “when a tenant vacates a property while the lease is still in effect, for any reason.” This can be legal or unlawful depending on the cause for leaving and if the tenant has complied with Utah law regarding breaking the lease.
Here is an overview of the notice requirements to end a lease in Utah:
Tenants wanting to end a lease are required to give a notice period of 30 days (unless otherwise specified in the lease agreement) before the lease end date.
There are nine acceptable grounds for a tenant to terminate a lease early under Utah's landlord-tenant law, including:
A renter may be allowed to legally break the lease if they are a current military member who is transferred due to deployment or change of station. However, tenants who want to break a lease for these reasons legally must fulfill the following requirements:
Tenants who wish to terminate their lease due to military service must give their landlord written notice and the previously specified paperwork. However, they can only end the lease thirty days after the start of the following rent month.
(Servicemembers Civil Relief Act)
Landlords in Utah can include an early termination clause in their lease to allow for early lease termination with mutual consent. Tenants may terminate their lease early with an early termination clause by providing 30 to 60 days' written notice.
It is the landlord's responsibility in Utah to maintain a tenancy-long rental in a secure and livable manner.
Tenants have the legal right to terminate their lease early if safety and health requirements are not fulfilled. However, they must inform the landlord that the property is in habitable condition in order to terminate a lease for uninhabitable circumstances.
After that, the landlord would have 15 days to address the problems. Tenants have the right to an early lease termination if the property owner does not fix the issue.
Renters may occasionally also be eligible for a prorated rent return beginning on the day of termination or their move-out date, whichever comes first.
If the tenant and only inhabitant of the apartment passes away before the lease's expiration, the tenant's heirs may dissolve the agreement early.
In the event of a tenant's death, the estate representative is required to give the landlord formal notice of the termination of the lease and remove the late tenant's belongings from the property. Also, it's important to note that the tenant's estate will be liable for any unpaid rent or if any damages above normal wear and tear occur.
Tenants in Utah have the right to terminate a lease early if they become mentally or physically incapable. For example, if a renter needed to transfer to a specialized care facility, they would ask you to end the lease.
If needed, landlords have the ability to require proof of impairment. They must, however, end the lease as soon as they receive written notification of an early termination.
Other justified reasons for a tenant to break a lease early in Utah include:
Source: Tenant's Right to Break a Rental Lease in Utah | Nolo
SECTION 8
Below is an overview of some Utah HOA laws that often apply to homeowners associations in the state:
The provisions of the Utah Community Association Act which sets forth regulations for homeowner's associations in the state, is outlined in Title 57 Chapter 8a of the Utah Code. All members of these groups who own residential real estate and contribute their fair part to the overall property maintenance costs are subject to regulations under this act. (Utah Community Association Act)
This legislation regulates the creation, management, powers, and operations of condominium organizations that voluntarily choose to be subject to its regulations by filing a declaration with the county recorder's office in the area where the condominium complex is located. (Utah Condominium Ownership Act)
The Utah Revised Nonprofit Corporation Act regulates the establishment and operations of nonprofit corporations. This law applies to all homeowners' groups or condominiums that have nonprofit company incorporation. (Utah Revised Nonprofit Corporation Act)
The Utah Fair Housing Act protects tenants from housing discrimination. This legislation aims to offer state-level protections, much like the federal Fair Housing Act, which offers protection at the federal level. It forbids discrimination on the grounds of race, national origin, gender identity, sex, national origin, familial status, disability, color, or religion. (Utah Fair Housing Act)
SECTION 9
Squatters have certain requirements, including occupying the property for a predetermined period of time (7 years) and in a certain way, to gain Utah squatter's rights.
Here's an overview of the requirements to make an adverse possession claim:
The squatter must be on the property in person. They do not require a lease or security deposit because they are required to treat it as they would if they were the real property owner rather than a tenant.
“Hostile” in this case does not mean danger or violence. There are three definitions usually given to hostile in property law: Good Faith Mistake, Simple Occupation, and Awareness of Trespassing.
Utah, along with most other states, adheres to the second definition, which is Simple Occupation. This one defines "hostile" as just taking over someone else's property. It's not always necessary for the trespasser to be aware that the land is owned by someone else.
When filing an Adverse Possession claim, a squatter must clearly reveal their occupation to all parties. Any attempt to conceal their habitation of the property would undermine their legitimate claim to it. It should be evident to even the real owner that there is a squatter residing there.
If a squatter is to succeed in their claim, they must not share possession of the land with anybody else, according to laws against adverse occupancy.
A squatter cannot file for adverse possession until they have been able to live on the land for seven years straight. All of this time needs to remain unbroken. For example, the squatter cannot abandon the land for a while and then come back to argue that the time they were absent counts against the seven years.
Squatters who wish to adversely own property in Utah must have color of title for the full seven years when they are occupying the land.
Source: Adverse Possession - Utah Property Rights Ombudsman, Section 209 - Utah Legislature.
SECTION 10
Below, you’ll find some helpful Utah landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
