Utah Residential Lease Agreement

Last Updated: November 14, 2023 by Roberto Valenzuela

A Utah residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Utah Residential Lease Agreement Disclosures

These disclosures are required for some or all Utah residential lease agreements:

Disclosure Applicable To
New Tenant Disclosure All New Tenants
Landlord’s Name and Address All Units
Meth Units Known To Be Contaminated
Lead Paint All Units Built Before 1978

New Tenant Disclosure

Applicable to all new tenants in Utah.

Utah landlords must provide new tenants with the following information, in writing, before accepting a rental application and beginning a lease:

  • An inventory checklist of the property’s condition (excluding ordinary wear and tear)
  • A form for the tenant to document the condition of the property (unless the tenant is allowed a full walkthrough inspection)
  • A good-faith estimate of the rent amount and the amount of each, fixed, non-rent expense in the lease
  • The type of each use-based, non-rent expense that is part of the lease
  • The date upon which the rental unit will be made available
  • The criteria the landlord uses to determine tenant eligibility (e.g., criminal history, income, rental history, employment)
  • The requirements and process for the prospective tenant to recover money through written demand

Landlord’s Name and Address

Applicable to all Utah rentals.

Utah leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Methamphetamine Contamination Disclosure

Applicable to any Utah rental with known possible methamphetamine contamination.

Utah landlords who have any knowledge relating to methamphetamine manufacturing, use, or storage on their rental property must disclose this to prospective tenants in the rental agreement. Actual knowledge requires disclosure, but mere suspicion does not.

If contaminated, the owner or landlord must file a report with the relevant local agencies and document compliance with minimum decontamination standards.

This is an example of a methamphetamine disclosure:

Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.

This property:
[ ] Has been found to be contaminated above safe levels and is in the process of decontamination.
[ ] Has been found to be contaminated, but falls within safe levels after tests were conducted.
[ ] Has no suspicion of contamination

Download: Utah Methamphetamine Contamination Disclosure Form (PDF)

Lead-Based Paint Disclosure

Applicable to any rental units built before 1978.

For any property built before 1978, federal law requires that a Utah residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:

Download: Utah Lead-Based Paint Disclosure Form (PDF)

Optional Disclosures and Addenda (Recommended)

The following lease agreement disclosures and addenda are not required by Utah law in residential lease agreements, but assist with tenant management and help limit landlord liability.

Optional Disclosure Purpose
Asbestos Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers.
Bed Bugs Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately.
Late/Returned Check Fees Specifies late fees or returned check fees related to the lease. Utah caps late fees at 10% of the rent or up to $75. Returned check fees are capped at $20, plus $35 collection costs if not paid within 15 days of proper notice.
Medical Marijuana Use Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas.
Mold Disclosure Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability.
Non-Refundable Fees Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Utah landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill.
Smoking Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials.

Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.