In general, a landlord in Utah has to repair any issues at a rental property that could affect a tenant’s health or safety. The landlord must repair issues within 1-10 days of getting written notice from the tenant about the needed repairs, depending on the type of issue.
Utah Landlord Responsibilities for Repairs
Utah landlords are responsible for keeping all of the following in good working condition:
- Plumbing.
- Electricity.
- Heating.
- Air conditioning.
- Hot and cold water.
- Garbage containers and removal (only in buildings with 3+ rental units).
- Required smoke alarms and carbon monoxide (CO) detectors.
- Appliances and features specifically provided for in the rental agreement.
- Common areas.
- Features that affect health, safety, or habitability.
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Utah?
Utah tenants are responsible for repairing any damage they cause to the property through their deliberate or negligent actions.
Utah law also lets the tenant agree to take on any responsibilities that would otherwise belong to the landlord. Such an agreement must be specific, and in writing.
Requesting Repairs in Utah
Utah tenants must usually request repairs by providing the landlord written notice about the issue that needs repair. Non-written notice is acceptable in emergencies. The notice must contain all of the following:
- A description of each condition that needs repair.
- A statement of how long the landlord has to begin substantial repairs for each condition (24 hours for emergencies, 3 days for legal noncompliance, 10 days for lease noncompliance).
- The renter’s choice of remedy if repairs aren’t made. The renter has two choices, canceling the lease (“rent abatement”) or repairing and deducting from the rent.
- Permission for the landlord to enter the rental property and make repairs.
The notice can be delivered through any method agreed in the lease. It can also be personally delivered, mailed through registered or certified mail, or posted conspicuously on the landlord’s residence or place of business.
How Long Does a Landlord Have To Make Repairs in Utah?
Utah landlords have time to begin substantial repairs after getting proper notice about an issue from the tenant, according to the following schedule:
- Emergencies: Within 24 hours.
- Habitability issues: Within three days.
- Violations of the lease which are not habitability issues: Within 10 days.
Can the Landlord Refuse To Make Repairs in Utah?
Utah landlords can refuse to make repairs, if tenants are not keeping their obligations under the law or the lease.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Utah?
Utah landlords are not required to pay for alternative accommodation while they conduct repairs. However, a situation that requires the tenant to move out for repairs may be a constructive eviction that lets the tenant end the lease and stop paying rent after moving out.
Tenant’s Rights if Repairs Aren’t Made in Utah
Utah tenants have two options if the landlord doesn’t begin substantial repairs in the legally required time after proper written notice. They can cancel the lease and move out (called “rent abatement”), or repair and deduct from the rent. Either option must be specifically noted in the repair request.
Can the Tenant Withhold Rent in Utah?
Utah tenants can stop rent payments if the landlord doesn’t begin substantial repairs within the legally required time after proper written notice. They must choose this option specifically in the repair request. This is called “rent abatement” and cancels the lease, so the tenant has to move out.
Can the Tenant Repair and Deduct in Utah?
Utah tenants can arrange for repairs and deduct from the rent, if the landlord doesn’t begin substantial repairs within the legally required time after notice. They must choose this option specifically in the repair request.
The maximum deductible amount is two months’ rent. The tenant must keep all receipts documenting payment for repairs, and must provide copies to the landlord within five days after the beginning of the next rental period (so usually within five days after monthly rent is due, for most tenancies).
Can the Tenant Break Their Lease in Utah?
Utah tenants can break their lease and move out, if the landlord doesn’t begin substantial repairs within the legally required time after proper written notice. They must choose this option specifically in the repair request. This is called “rent abatement,” and in Utah it’s the same as withholding rent.
Can the Tenant Sue in Utah?
Utah tenants can sue the landlord for failure to make repairs after proper written notice, but only to enforce the remedy chosen in the original repair request (rent abatement, or repair and deduct).
Can the Tenant Report the Landlord in Utah?
Utah tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, this can be used as grounds for rent abatement or repairing and deducting from rent.
Landlord Retaliation in Utah
It’s illegal retaliation for Utah landlords to evict or refuse to renew a lease, when all the following conditions apply:
- The tenant is current on rent and not violating any obligations under the law or lease.
- The tenant has, personally or through a tenant organization, complained about the landlord’s noncompliance with legal responsibilities.
- The complaint is made in good faith.
- The landlord’s eviction or refusal to renew the lease is because of the complaint.
Sources
- 1 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 - 2 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 - 3 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 - 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 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 - 7 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 - 8 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 - 9 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 - 10 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 - 11 Utah Code Ann. § 57-22-3(4) (2023)
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“Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties.”
Source Link - 12 Utah Code Ann. § 78B-6-805(1) (2023)
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“A notice required by this part may be served: (a) by delivering a copy to the tenant personally or, if the tenant is a commercial tenant, by delivering a copy to the commercial tenant’s usual place of business by leaving a copy of the notice with a person of suitable age and discretion; (b) by sending a copy through registered mail, certified mail, or an equivalent means, addressed to the tenant at the tenant’s residence, leased property, or usual place of business; (c) if the tenant is absent from the residence, leased property, or usual place of business, by leaving a copy with a person of suitable age and discretion at the tenant’s residence, leased property, or usual place of business; (d) if a person of suitable age or discretion cannot be found at the place of residence, leased property, or usual place of business, then by affixing a copy in a conspicuous place on the leased property.”
Source Link - 13 THIRTEENTH WASHINGTON STS. CORP. v. NESLEN, ET AL, 123 Utah 70, 75-76 (Utah 1953)
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“[A]ny disturbance of the tenant’s possession by the landlord, or someone acting under his authority, which renders the premises unfit for occupancy for the purposes for which they were demised… amounts to a constructive eviction, provided the tenant abandons the premises within a reasonable time… To constitute a constructive eviction, the interference… with the tenant’s enjoyment of the demised premises must be of a substantial nature and so injurious as to deprive him of the beneficial enjoyment of a part or the whole of the demised premises.”
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 Bldg. Monitoring Systems, Inc. v. Paxton, 905 P.2d 1215, 1218 (Utah 1995) (cleaned up with internal citations omitted)
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“A landlord has taken retaliatory action against a tenant with respect to residential property whenever the landlord undertakes to terminate a tenancy that is terminable by an appropriate notice, or refuses to renew a tenancy for a specified term when that term ends, if… the tenant is not materially in default in the performance of his obligations under the lease at the time the landlord acts [and] the landlord is primarily motivated in so acting because the tenant, either alone or through his participation in a lawful organization of tenants, has complained about a violation by the landlord of a protective housing statute; and the tenant’s complaint was made in good faith and with reasonable cause.”
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