In Utah, you’ll often see month-to-month leases come up when the landlord or the tenant wants a simple, flexible rental agreement. A Utah month-to-month lease agreement automatically renews each month until either the landlord or tenant gives notice to terminate.
Even with the added flexibility, Utah landlord-tenant law still applies. Read on to learn more about everything you need to know about a residential tenancy at will.
Disclosures (4)
Landlords are required to provide their tenants with certain information before they move in. These disclosures help keep everyone informed and on the same page.
- Lead-based paint: Federal law requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Methamphetamine: Utah law requires landlords to share any information about the use, manufacture, or storage of methamphetamine that happened on the property (Utah Code § 57-27-201).
- Move-in checklist: Landlords must provide their tenants with a checklist that outlines the condition of the rental at move-in, including existing damages. Landlords must also allow their tenants the opportunity to inspect the unit for any additional damage (Utah Code § 57-22-4(6)(a)).
- Landlord’s name and identity: In any lease agreements, landlords must include the name and contact information of the person who is responsible for managing the rental (Utah Code § 57-22-4(7)(a)).
Optional Disclosures and Addenda
Although not legally required in Utah, these optional disclosures help limit your liability as a landlord and keep your tenants informed.
Asbestos: Shares information about any known asbestos in the unit, as well as suggestions to limit or prevent exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit.
Late/returned check fees: Outlines the fees for late or returned rent checks. Utah allows late fees up to 10% of the monthly rent (up to $75) and caps them at $20.
Medical marijuana use: Explains the policy regarding the use of medical marijuana in the unit, including any limitations or restrictions.
Mold: Discloses any mold present in the unit, along with treatment and remediation options. The mold disclosure also informs tenants of their responsibility to report any new mold they find.
Non-refundable fees: Outlines any non-refundable fees that landlords charge in the residential lease agreement template.
Shared utilities: If the unit shares a utility meter with another unit or a common area, landlords must disclose how they calculate and divide utility costs.
Smoking: Details the unit’s smoking policy, including any designated smoking areas on the property.
Additional Utah Month-to-Month Lease Laws
Beyond disclosures, there are additional laws that apply to your Utah month-to-month lease agreement. Here’s what landlords need to know.
Notice to Terminate a Month-to-Month Agreement
If a landlord or their tenant is ready to terminate a Utah month-to-month lease agreement, there are specific steps landlords must take to end it.
Required notice for tenant: State law does not specify a time period for tenants to give notice to terminate the Utah month-to-month lease agreement.
Required notice for the landlord: Landlords must give tenants 15 days’ written notice to end their tenancy at will (Utah Code § 78B-6-802).
Laws Governing Rent Increases
Rent control and stabilization do not exist in Utah, meaning that state law does not limit how much landlords can increase rent. However, landlords must give their tenants at least 15 days’ written notice before implementing any rent increases.
Lease Violations and Eviction
Even the best tenants can run into lease violations from time to time. Utah law sets clear expectations for how landlords can move forward.
Missed rent payment: If a tenant misses a rent payment, landlords may issue a 3-day Notice to Pay or Quit (Utah Code § 78B-6-802(1)(c)).
Lease violation: For normal lease violations, landlords can issue a 3-day Notice to Cure or Quit. For more serious violations, however, landlords can issue a 3-day Notice to Quit without allowing the tenant time to fix the issue (Utah Code § 78B-6-802(h), § 78B-6-802(d-g)).
Lease abandonment: If a tenant abandons their lease before the end of the term, they may be financially responsible for the remaining rent. However, landlords are obligated to attempt to re-rent the unit as soon as possible to mitigate losses (Utah Code § 78B-6-816).
Self-help evictions: In Utah, self-help evictions are illegal. All evictions should follow the legal process.
Rent Payment Laws
Rent payment laws in Utah outline how landlords should collect rent. Here’s what landlords need to know.
Rent control/stabilization: Rent control and stabilization do not exist in Utah.
Late rent fees: In Utah, landlords can charge a late fee of $75 or 10% of the monthly rent, whichever is greater. Landlords must clearly outline this fee in your lease (Utah Code § 57-22-4(5)(a)).
Grace period: Utah law does not require landlords to extend a grace period for late rent payments.
Tenant’s right to withhold rent: For dangerous living conditions, tenants may withhold up to 2 months’ rent if their landlord does not respond within 24 hours. They must provide all receipts within 5 days of the start of the next rent cycle (Utah Code § 57-22-6(4)(a-b)).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, as long as the amounts are reasonable and your lease template clearly states the charges.
Security Deposits
Utah law allows landlords to charge their tenants a refundable security deposit to help cover potential expenses for unpaid rent or excessive damage.
Maximum amount: Utah does not limit the amount landlords can charge as a security deposit, but they must clearly state the amount in the lease.
Deposit receipt: Landlords do not have to provide their tenants with a receipt for their security deposit, although it is good practice to do so.
Interest payments: Utah does not require landlords to pay interest to tenants on security deposits.
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 30 days of lease termination (Utah Code § 57-17-3(2)).
Deductions: Landlords can withhold funds from the security deposit to cover unpaid rent or excessive damage. If landlords withhold funds, they must provide an itemized receipt for all deductions (Utah Code § 57-17-3(1)).
Property Access Laws
Utah law allows landlords to maintain their property while also respecting their tenants’ privacy.
Advance notice: Unless otherwise stated in the lease agreement, landlords must give their tenant 24 hours’ notice before entering the unit (Utah Code § 57-22-4(2)).
Immediate access: In an emergency, landlords may enter the rental immediately without giving notice to the tenant.
Harassment: Landlords who repeatedly enter the rental without good reason are liable for harassment. In this case, tenants can often terminate their lease early and without penalty.
