Utah Habitability Laws

Last Updated: December 15, 2021 by Elizabeth Souza

The implied warranty of habitability in Utah does not apply to all types of dwellings. See the table below for which are and aren’t included.

Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.

Landlord Responsibilities

The following chart lists possible landlord responsibilities when it comes to habitability.  Not all of them are requirements in Utah, as indicated below.

Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.

Landlords in Utah must maintain their rental units so that they are fit for human habitation. All common areas must be in a safe and sanitary condition.

Meth Production

Landlords are required to notify potential tenants if a rental unit is currently contaminated after being used in the production of methamphetamines.

If the property was previously repaired/restored and all contamination removed or mitigated, then the landlord is not required to inform tenants the property was previously used in the production of methamphetamines.

Making Repairs

Landlords are required to make and pay for any repairs to make the unit livable that are not caused by the tenant.

• Sending notice – If a tenant request repairs, they must put their request in writing to the landlord. The notice should describe the condition that needs to be remedied, include the amount of time the landlord has in order to fix the issue, provide the landlord with permission to enter the rental unit to make the repairs and finally state that the tenant will use the repair and deduct method if no action was taken by the landlord after the corrective period has ended. The landlord will have three calendar days to correct a habitability requirement, and ten calendar days for any requirement in the rental agreement. If the rental unit has a dangerous condition the landlord must begin fixing the issue within 24 hours of notice.
• Landlord access – Tenants are required to give the landlord access to the property to make necessary repairs. However, a landlord must give tenants 24 hours’ notice unless it’s an emergency or the tenant no longer lives in the rental unit.

Tenant’s Options if Repairs Aren’t Made

If repairs aren’t made in a timely manner, the tenant has a few possible options for resolving the issue.

1. Withhold Rent – Utah landlord tenant law does not permit tenants to withhold rent in response to habitability issues.
2. Repair and Deduct – Tenants do have the right
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   to repair the issue themselves and deduct a reasonable amount for the repair from the following month’s rent provided that the cost of repairs is less than two month’s rent. The tenant must provide the landlord with receipts of the amount paid to correct the issue within five calendar days after the beginning of the next rental period.
3. Rent Abatement – If the landlord does not correct the issue, rent shall be abated from the date of the notice of the deficient condition to the landlord.
4. Lawsuit – Tenants do have the right to take legal action in District Court for damages resulting from habitability issues.
5. Reporting to Public Officials – Landlords can be reported on a city or county level to housing inspectors if they are found to be in violation of any local housing codes.

Landlord Retaliation

Landlord retaliation against a tenant exercising their legal rights is illegal in Utah. The following qualify as retaliatory acts if the landlord:

• Decreases services.
• Raises the rent.
• Harasses or intimidates the tenant.
• Attempts to evict the tenant.
• Refuses to make requested repairs.

Sources

• Utah Landlord Rights to Access Rental Property
• Utah Code 57-22-6. Renter remedies for deficient condition of residential rental unit
• Utah Landlord and Tenant Duties