Utah law gives landlords and tenants responsibilities and rights whenever a written or oral rental agreement exists, or if payment is accepted as rent. Utah Code Title 57 details the specifics, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: Rights granted by law operate regardless of what the rental agreement says, in general. A lease provision that tries to waive legal rights is unenforceable in most cases.
Landlord Responsibilities in Utah
Utah landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Utah’s habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only for 3+ Unit Buildings | Only for 3+ Unit Buildings |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Usually Only Smoke |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually (reporting) report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Utah
Landlords must perform necessary repairs in a timely manner. In Utah, landlords must make repairs within 1-10 days after getting written notice from tenants, depending on the specific issue.
If repairs aren’t made in a timely manner, tenants can either cancel the lease and move out (called “rent abatement” in Utah), or do repairs and deduct the cost from the rent. Either option must be mentioned specifically to the landlord in the written notice that requests repairs.
Tenant Responsibilities in Utah
Aside from paying rent in a timely manner, Utah tenants must also:
- Keep the unit safe and in a habitable condition
- Comply with all building and housing codes that affect health and safety
- Use all facilities and appliances in a reasonable manner
- Comply with any smoking regulations and rules outlined in the lease
- Keep fixtures clean and sanitary
- Maintain all smoke detectors and carbon monoxide detection devices
- Allow reasonable access to the owner or landlord to make necessary repairs to the rental property
- Make small repairs and maintenance
- Not disturb other tenants or neighbors
- Not deliberately or negligently destroy any part of the premises
Evictions in Utah
Landlords in Utah are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent then the landlord may issue a 3-Day Notice To Pay. If the tenant still does not pay then the landlord may file for eviction.
- Lease Violation: If a lease violation occurs, then the landlord may issue a 3-Day Notice To Comply. The tenant has three days to remedy the violation, if the issue is not corrected the landlord may proceed with the eviction process.
- No Lease/End of Lease: If a tenant remains on the rental property after the rental period has ended, the landlord may issue a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Month-to-Month: If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 15-Day Notice To Quit. Notice must be served at least 15 calendar days before the end of the rental period or the tenant can stay until the end of the next rental period.
- At-Will Tenants: If the tenancy is at-will, landlords must provide tenants with a 5-Day Notice To Quit. This notice can only be used if there is no written or oral rental agreement. The tenant must leave within five calendar days.
- Subleasing Rental Unit: If a tenant subleases the rental unit and the lease prohibits it, the landlord may evict the tenant by giving them a 3-Day Notice To Quit.
- Committing Waste: If the tenant commits waste on the rental property, the landlord may issue a 3-Day Notice To Quit. If the tenant remains on the property after the notice period has ended, the landlord may begin the eviction process.
- Illegal Acts: Utah landlords may issue a 3-Day Notice To Quit before proceeding with an eviction action. Illegal activity includes both non-criminal nuisances and criminal activity.
It is illegal for landlords to evict tenants as a form of retaliation or for discriminatory reasons.
Landlord Retaliation in Utah
It’s illegal for Utah landlords to retaliate by evicting or refusing to renew the lease of a tenant who makes a protected complaint about the landlord’s violations of a legal responsibility.
Security Deposits in Utah
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None
- Inventory Requirement: In order to collect security deposits, landlords must either provide tenants with an inventory of damages, a blank checklist to complete and return, or give tenants the option to conduct an inspection of the rental unit
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, costs of damage excluding normal wear and tear, other charges outlined in the lease, and cleaning costs
- Time Limit for Return: 30 days
- Penalty for Failure to Return: Tenants can sue for the full security deposit plus $100 (after sending a Notice To Provide Deposit Disposition giving the landlord 5 business days to return the deposit)
Lease Termination in Utah
Notice Requirements: Tenants who wish to terminate a lease must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 15 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: If a Utah tenant wishes to break a lease early, they may do so legally for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Domestic violence
Cost of Breaking a Lease in Utah
If a Utah tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Utah
Utah does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Utah does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give 15 days’ notice before a rent increase.
Housing Discrimination in Utah
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability. These rules do not apply to homes operated by religious organizations or some owner-occupied homes. Utah state law has extra protections based on source of income.
Discriminatory Acts and Penalties: The Utah Labor Commissions Antidiscrimination and Labor Division handles housing discrimination cases. The following behaviors have been flagged as possibly discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer
- Offering different terms, conditions, or privileges
- Advertising that implies discriminatory preferences
- Refusing to make reasonable accommodations
- Inducing tenants to buy, sell, or rent based on representations of the neighborhood’s current or future demographic composition
If a tenant is the victim of discrimination in housing, they can file a complaint with the state department on their website. If the complaint is determined to be justified, then the tenant may use the ruling as the basis for civil litigation.
Additional Landlord Tenant Regulations in Utah
In addition to having laws that address general issues like repairs and security deposits, most states, including Utah, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Utah
Utah landlords can enter a rental property for legally required repairs, inspections, and other purposes reasonably related to the rental. They must give tenants at least 24 hours of notice before any entry (except in emergencies).
Rent Collection and Related Fees in Utah
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee
- Maximum Late Fee: $75 or 10% of periodic rent, whichever is greater
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Not required
Small Claims Court in Utah
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $15,000. Utah Small Claims Court is a division of Justice Court. The process takes approximately one to two months.
Mandatory Disclosures in Utah
Utah landlords are required to make the following mandatory disclosures:
- Lead-Based Paint: Landlords that own homes built after 1978 must provide information about the concentrations of lead paint
- Authorized Agents: Utah landlords must also provide all the names and addresses of the parties involved in owning and managing the property
- Methamphetamine: Applicable to any property where the landlord has knowledge of possible methamphetamine contamination
Changing the Locks in Utah
Utah tenants can change their locks unless the rental agreement says otherwise. They can also (at their own expense) require the landlord to perform a lock change if they are victims of domestic abuse. Landlords are not allowed to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction.
Local Landlord Tenant Laws in Utah
Many cities in Utah have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Salt Lake City Landlord Tenant Rights
Salt Lake City has a landlord-tenant initiative that raises the standard of rental homes in the city. Landlords in this voluntary program must follow an enhanced set of dwelling management standards that are stricter than those laid down by the state.
Sources
- 1 Utah Code § 57-22-4(5)
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An owner may not charge a renter:
(a) a late fee that exceeds the greater of:
(i) 10% of the rent agreed to in the rental agreement; or (ii) $75; or
(b) a fee, fine, assessment, interest, or other cost:
(i) in an amount greater than the amount agreed to in the rental agreement; or
(ii) that is not included in the rental agreement, unless:
(A) the rental agreement is on a month-to-month basis; and
(B) the owner provides the renter a 15-day notice of the charge.
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