A Utah month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Utah Month-to-Month Rental Agreement
In Utah, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Utah landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Utah
Utah landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- New Tenant Disclosure – Landlords must provide tenants with a detailed set of information, including a move-in checklist to take inventory of existing property damage before move-in and an itemized estimate of rent and non-rent costs associated with the property.
- Methamphetamine Disclosure – Landlords must disclose any knowledge relating to methamphetamine manufacturing or contamination on rental property.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Utah
Utah lets both the landlord or tenant terminate a month-to-month lease with at least 15 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Utah requires written notice to end a month-to-month lease. There are particular notice delivery requirements, which require hand delivery, registered or certified mail, or similarly direct and reliable methods.
Required Notice To Raise the Rent on a Utah Month-to-Month Lease
Utah has no particular notice requirement specified for a rent increase, which means it’s reasonable in most cases for a landlord to follow the 15-day guideline for termination and other types of lease change.
Eviction in Utah Month-to-Month Rentals
Utah tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Utah typically take one to four months.
For more information on the eviction process in Utah, click here.
Sources
- 1 Utah Code 78B-6-802(1)(a) - (1)(c)
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(1) A tenant holding real property for a term less than life is guilty of an unlawful detainer if the tenant:
(a) continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the specified term or period for which it is let to the tenant, which specified term or period, whether established by express or implied contract, or whether written or parol, shall be terminated without notice at the expiration of the specified term or period;
(b) having leased real property for an indefinite time with monthly or other periodic rent reserved:
(i) continues in possession of the property in person or by subtenant after the end of any month or period, in cases where the owner, the owner’s designated agent, or any successor in estate of the owner, 15 calendar days or more before the end of that month or period, has served notice requiring the tenant to quit the premises at the expiration of that month or period; or
(ii) in cases of tenancies at will, remains in possession of the premises after the expiration of a notice of not less than five calendar days;
(c) continues in possession, in person or by subtenant, after default in the payment of any rent or other amounts due and after a notice in writing requiring in the alternative the payment of the rent and other amounts due or the surrender of the detained premises, has remained uncomplied with for a period of three business days after service, which notice may be served at any time after the rent becomes due.
Source Link - 2 Utah Code 78B-6-805(1)
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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; or
(e) if an order of abatement by eviction of the nuisance is issued by the court as provided in Section 78B-6-1109, when issued, the parties present shall be on notice that the abatement by eviction order is issued and immediately effective or as to any absent party, notice shall be given as provided in Subsections (1)(a) through (e).
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