Most places, including Utah, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
Utah Implied Warranty of Habitability
In Utah, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new, or issue-free, so it doesn’t cover things like stained carpet or dented walls. Even broken or malfunctioning equipment isn’t covered unless it affects an ordinary renter’s basic health and safety.
Landlord Responsibilities in Utah
Note: Check local city/county laws and ordinances for additional requirements. In Utah, the locally applicable code from the board of health normally sets most of the base habitability requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Usually Only Smoke |
| Window Coverings | No | No |
| Light Fixtures | No | No |
| Landscaping | No | No |
| Garbage Removal | Only 3+ Unit Buildings | Only 3+ Unit Buildings |
| Garbage Pickup | Only 3+ Unit Buildings | Only 3+ Unit Buildings |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in Utah
Utah landlords must provide and maintain heating for rental properties. They don’t have to provide air conditioning, but they do have to keep it in good working order if provided.
Are Landlords Required to Provide Air Filter Replacements in Utah?
Utah landlords don’t have to replace things like air filters, unless provided heating or ventilation equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Utah
Utah landlords must keep plumbing in reasonable working condition.
Are Landlords Required To Provide Hot Water in Utah?
Utah landlords must provide and maintain running hot and cold water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Utah?
Utah landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in Utah Responsible for Fixing Leaks?
Utah landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in Utah
Utah landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, the landlord does have to maintain any appliances that the rental agreement specifically agrees to provide.
Landlord Responsibilities for Electrical Issues in Utah
Utah landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in Utah?
Utah landlords are not responsible for replacing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Utah
Utah landlords must provide and maintain outside garbage containers and garbage removal services, but only in rental buildings that contain three or more units.
Landlord Responsibilities for Landscaping in Utah
Utah landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Utah
Utah landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety.
Landlord Responsibilities Regarding Pests in Utah
Utah landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Utah
Utah landlords have no specific responsibility to provide particular types of windows or window coverings. The landlord usually has to repair broken windows the tenant didn’t cause, since this is a health and safety issue.
Landlord Responsibilities Regarding Safety Devices in Utah
Utah landlords are responsible for providing required smoke alarms and carbon monoxide (CO) detectors. They are required to maintain smoke alarms in good working order. While they technically are also required to maintain CO detectors, in practice renters usually can’t enforce this against landlords.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Utah?
Utah landlords must keep fire safety equipment in good working order, which includes replacing safety device batteries as necessary. However, in the case of CO detectors specifically, tenants usually can’t enforce this requirement against landlords.
Landlord Responsibilities for Washers and Dryers in Utah
Utah landlords are not required to furnish their rental properties with a working washer and dryer. However, if the lease provides for such appliances, it’s the landlord’s duty to maintain them.
Renter’s Rights for Repairs in Utah
Utah renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing (or verbal, for emergencies). Notice usually must contain many specific details, by law.
The landlord must begin substantially repairing any required issues according to the following timelines:
- Emergencies: Within 24 hours.
- Habitability issues: Within three days.
- Violations of the lease which are not habitability issues: Within 10 days.
If the landlord doesn’t begin substantial repairs, the renter can end the rental agreement (called “rent abatement” in Utah), or repair and deduct, depending on specifics in the written notice. The renter may enforce either remedy in court, and can collect court costs and attorney fees after winning a case.
Sources
- 1 Zazzetti v. Prestige Senior Living Ctr., No. 20200357-CA, 19 (Utah Ct. App. 2022) (internal citations omitted)
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“[T]he Utah Supreme Court has adopted the implied warranty of habitability as a contractual provision implicit in all residential leases.”
Source Link - 2 Wade v. Jobe, 818 P.2d 1006, 1010-11 (Utah 1991) (internal citations omitted)
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“[T]he warranty of habitability does not require the landlord to maintain the premises in perfect condition at all times, nor does it preclude minor housing code violations or other defects. Moreover, the landlord will not be liable for defects caused by the tenant. Further, the landlord must have a reasonable time to repair material defects before a breach can be established. As a general rule, the warranty of habitability requires that the landlord maintain ‘bare living requirements,’ and that the premises are fit for human occupation. Failure to supply heat or hot water, for example, breaches the warranty. A breach is not shown, however, by evidence of minor deficiencies such as the malfunction of venetian blinds, minor water leaks or wall cracks, or a need for paint.”
Source Link - 3 Utah Code Ann. § 57-22-3(3) (2023)
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“This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter.”
Source Link - 4 Utah Code Ann. § 57-22-3(1) (2023)
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“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.”
Source Link - 5 Utah Code Ann. § 57-22-4(1)(b) (2023)
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“To protect the physical health and safety of the ordinary renter, an owner shall: (i) maintain common areas of the residential rental unit in a sanitary and safe condition; (ii) maintain electrical systems, plumbing, heating, and hot and cold water; (iii) maintain any air conditioning system in an operable condition; (iv) maintain other appliances and facilities as specifically contracted in the rental agreement; and (v) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree.”
Source Link - 6 Utah Code Ann. § 57-22-6(4)(b) (2023)
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“A renter is not entitled to a renter remedy if the renter is not in compliance with all requirements under Section 57-22-5 [tenant’s obligation to pay rent, comply with the rental agreement, and responsibly maintain the dwelling unit in good condition].”
Source Link - 7 2018 Int’l Fire Code § 907.2.8.2 & 2.8.3 (2018)
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Utah incorporates the 2018 International Fire Code, with amendments. “An automatic smoke detection system… shall be installed [subject to exceptions]… single- and multiple-station smoke alarms shall be installed [per code requirements]…”
Source Link - 8 Utah Code Ann. § 15A-5-204(22) (2023)
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“Group I-1, I-2, I-4, and R occupancies located in a building containing a fuel-burning appliance or in a building that has an attached garage shall be equipped with single-station carbon monoxide alarms.”
Source Link - 9 2018 Int’l Fire Code § 907.8.5 (2018)
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Utah incorporates the 2018 International Fire Code, with amendments. The general obligation is for the building owner to maintain fire safety systems. However, Utah specifically limits this obligation with regard to carbon monoxide detectors only. See the subsequent footnote after this one.
“The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times.”
Source Link - 10 Utah Code Ann. § 17-50-327(1) (2023)
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While Utah does legally require carbon monoxide detectors in certain residential settings, there is a statutory exception that makes this requirement generally not one that tenants can ask local governments to enforce against a landlord:
“Subject to Subsection (2) [exceptions for certain new construction], a county may not enforce an ordinance, rule, or regulation requiring the installation or maintenance of a carbon monoxide detector in a residential dwelling against anyone other than the occupant of the dwelling.”
Source Link - 11 Utah Code Ann. § 57-22-6(2) (2023)
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“(a) If a renter believes that the renter’s residential rental unit has a deficient condition, the renter may give the owner written notice as provided in Subsection (2)(b). (b) A notice under Subsection (2)(a) shall: (i) describe each deficient condition; (ii) state that the owner has the corrective period, stated in terms of the applicable number of days, to correct each deficient condition; (iii) state the renter remedy that the renter has chosen if the owner does not, within the corrective period, take substantial action toward correcting each deficient condition; (iv) provide the owner permission to enter the residential rental unit to make corrective action; and (v) be served on the owner as provided in: (A) Section 78B-6-805; or (B) the rental agreement.”
Source Link - 12 Utah Code Ann. § 57-22-6(1)(a) (2023)
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“‘Corrective period’ means: (i) for a standard of habitability, three calendar days; and (ii) for a requirement imposed by a rental agreement, 10 calendar days.”
Source Link - 13 Utah Code Ann. § 57-22-6(3) (2023)
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“(a) As used in this Subsection (3), ‘dangerous condition’ means a deficient condition that poses a substantial risk of: (i) imminent loss of life; or (ii) significant physical harm. (b) If a renter believes that the renter’s residential rental unit has a dangerous condition, the renter may notify the owner of the dangerous condition by any means that is reasonable under the circumstances. (c) An owner shall: (i) within 24 hours after receiving notice under Subsection (3)(b) of a dangerous condition, commence remedial action to correct the dangerous condition; and (ii) diligently pursue remedial action to completion. (d) Notice under Subsection (3)(b) of a dangerous condition does not constitute a notice of deficient condition, unless the notice also meets the requirements of Subsection (2).”
Source Link - 14 Utah Code Ann. § 57-22-6(4)(a)(i) (2023)
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“[I]f the renter chose the rent abatement remedy in the notice of deficient condition: (A) the renter’s rent is abated as of the date of the notice of deficient condition to the owner; (B) the rental agreement is terminated; (C) the owner shall immediately pay to the renter: (I) the entire security deposit that the renter paid under the rental agreement; and (II) a prorated refund for any prepaid rent, including any rent the renter paid for the period after the date on which the renter gave the owner the notice of deficient condition; and (D) the renter shall vacate the residential rental unit within 10 calendar days after the expiration of the corrective period.”
Source Link - 15 Utah Code Ann. § 57-22-6(4)(a)(ii) (2023)
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“[I]f the renter chose the repair and deduct remedy in the notice of deficient condition, and subject to Subsection (4)(c), the renter: (A) may: (I) correct the deficient condition described in the notice of deficient condition; and (II) deduct from future rent the amount the renter paid to correct the deficient condition, not to exceed an amount equal to two months’ rent; and (B) shall: (I) maintain all receipts documenting the amount the renter paid to correct the deficient condition; and (II) provide a copy of those receipts to the owner within five calendar days after the beginning of the next rental period.”
Source Link - 16 Utah Code Ann. § 57-22-6(5)(a) (2023)
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“After the corrective period expires, a renter may bring an action in district court to enforce the renter remedy that the renter chose in the notice of deficient condition.”
Source Link - 17 Utah Code Ann. § 57-22-6(7) (2023)
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“In an action under this chapter, the court may award costs and reasonable attorney fees to the prevailing party.”
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