| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Utah?
Utah landlords have the right to enter a rental property for legally required repairs, inspections, and other reasonable purposes related to the rental, when terms of access aren’t otherwise agreed in the lease.
Can a Landlord Enter Without Permission in Utah?
Utah landlords can legally enter a rental property without the tenant’s permission for lawful purposes reasonably related to the tenancy. It’s a legal violation for a tenant to unreasonably refuse entry.
Can a Landlord Enter Without the Tenant Present in Utah?
Utah landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Utah?
Utah landlords don’t have clear legal guidance on whether they can show an occupied house. Since the landlord doesn’t have a legal responsibility to do property showings, such entries probably have to be specifically allowed by the lease.
How Often Can Landlords Conduct Routine Inspections in Utah?
Utah landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Utah?
Utah landlords have to provide at least 24 hours of advance notice before entering rental property, unless a different notice period is specifically agreed in the lease.
Can a Landlord Enter Without Notice in Utah?
Utah landlords can’t enter without proper advance notice, unless they have specifically reserved a right to do so in the lease. The law does not contain an exception for emergency situations.
How Can Landlords Notify Tenants of an Intention To Enter in Utah?
Utah landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Utah?
Utah tenants can often refuse landlord entry. Landlords are implicitly allowed to enter for maintenance and inspections related to compliance with the law. Tenants can refuse entries for other purposes not specifically allowed in the lease, as well as lawful entries that are unreasonable in timing or manner.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Utah?
Utah landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Recover court costs and attorney fees from the tenant through a lawsuit.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in Utah?
Utah tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Utah?
Utah tenants are specifically prohibited from suing the landlord for failure to provide proper notice before entry. For other issues, they can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from further unreasonable or harassing entries.
- Recover cost of any actual damages through a lawsuit.
- Recover court costs and attorney fees from the landlord through a lawsuit.
Sources
- 1 Utah Code Ann. § 57-22-5(2)(c) (2023)
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“A renter may not unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.”
Source Link - 2 Utah Code Ann. § 57-22-3(1) & (2) (2023)
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While Utah law does not explicitly allow landlord entry for inspections, the right to reasonably do so is implied by the landlord’s legal responsibility to keep rental property in code compliance and the renter’s legal responsibility to cooperate in unit maintenance:
“(1) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water.
“(2) Each renter shall cooperate in maintaining his residential rental unit in accordance with this chapter.”
Source Link - 3 Utah Code Ann. § 57-22-4(2) (2023)
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“Except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice of the owner’s entry into the renter’s residential rental unit.”
Source Link - 4 Utah Code Ann. § 57-22-6(7) (2023)
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By default, someone suing for noncompliance under a rental contract is always entitled to ask for equitable relief like injunctions, as well as the cost of actual damages incurred by the noncompliance. Utah also allows court costs and attorney fees to the party that wins a landlord-tenant case in court:
“In an action under this chapter, the court may award costs and reasonable attorney fees to the prevailing party.”
Source Link - 5 Utah Code Ann. § 57-22-4(9) (2023)
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In general, there’s no prohibition on tenants suing a landlord for trespass on the property or breaches of the covenant of quiet enjoyment. However, while tenants do have a right to notice before entry, Utah law specifically prohibits tenants from suing landlords for violations of the notice provision. Violations of proper notice can therefore only be raised as a defense in court to establish landlord noncompliance:
“A renter may not use an owner’s failure to comply with a requirement of Subsection (2) [24-hour notice requirement], (3), (4), (5), (6), or (7) as a basis: (a) to excuse the renter’s compliance with a rental agreement; or (b) to bring a cause of action against the owner.”
Source Link
