The Utah residential lease agreement (“rental agreement”) is used to create a binding legal contract between a landlord and a tenant. The agreement includes the length of the agreement (“term”), the payment amount (“rent”), as well as the obligations of the tenant while leasing the property.
Utah Lease Agreement Disclosures
The below disclosures are required for some or all residential lease agreements in Utah.
| Disclosure | Applicable to |
|---|---|
| Prospective Tenant’s Disclosure | All Prospective Tenants |
| Landlord’s Name/Address | All Units |
| Meth | Knowledge of Contamination in Unit |
| Lead Paint | All Units Prior to 1978 |
Prospective Tenant’s Disclosure
Applicable to all prospective tenants in Utah.
Before a landlord accepts a rental application, the landlord must provide the prospective tenant with the below written information.
- An inventory checklist of the property’s condition (excluding ordinary wear and tear).
- Provide the prospective tenant a form to document the condition of the rental unit which shall be completed in a reasonable amount of time after the tenant’s occupancy or allow the prospective tenant to do a walkthrough inspection of the rental unit.
- A good faith estimate of the rent amount and the amount of each, fixed, non-rent expense that is a part of the rental agreement.
- The type of each use-based, non-rent expense that is part of the rental agreement.
- The day on which the residential rental unit is scheduled to be available.
- The criteria that the landlord will consider in determining the prospective tenant’s eligibility as a tenant (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 & Address
Applicable to all rental units in Utah.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address and telephone number) within or alongside the lease. This information should be given to the tenant at or before the commencement of the tenancy.
Methamphetamine Contamination Disclosure
Applicable to any property where the landlord has knowledge of possible contamination in Utah.
In Utah, if there is any knowledge relating to methamphetamine manufacturing, use, or storage, a methamphetamine contamination disclosure is legally required in a rental agreement. Only known information has to be disclosed, and a contaminated unit may not be rented out.
The owner or landlord must report the contaminated rental property to a government agency that is responsible for the decontamination process and documenting that the test results meet the minimum decontamination standards.
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 prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Utah to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: Utah Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by Utah law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
| Bed Bugs | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
| Late/Returned Check Fees | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In Utah, a landlord can charge a tenant up to 10% of the rent or up to $75 for a late fee. A landlord may add a $20 fee when a check has insufficient funds. If the tenant fails to pay the amount of the check and the $20 fee within 15 days of receiving notice requesting such payment, the landlord may add collection costs of up to $35 to the outstanding charges. If the check and fees are not paid within 30 days of notice, a landlord can begin a civil action lawsuit. |
| Medical Marijuana Use | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
| Mold Disclosure | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
| Non-Refundable Fees | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Shared Utilities Arrangements | For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month. |
| Smoking | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.
Sources
- 1 UT Code § 57-22-4(4) (2018)
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(4) At or before the commencement of the rental term under a rental agreement, an owner shall:
(a) disclose in writing to the renter:
(i) the owner’s name, address, and telephone number; or
(ii)
(A) the name, address, and telephone number of any person authorized to manage the residential rental unit; or
(B) the name, address, and telephone number of any person authorized to act for and on behalf of the owner for purposes of receiving notice under this chapter or performing the owner’s duties under this chapter or under the rental agreement, if the person authorized to manage the residential rental unit does not have authority to receive notice under this chapter; and - 2 UT Code § 57-22-4(3) (2018)
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(3) Before an owner and a prospective renter enter into a rental agreement, the owner shall:
(a) provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear;
(b) furnish the renter a form to document the condition of the residential rental unit and then allow the resident a reasonable time after the renter’s occupancy of the residential rental unit to complete and return the form; or
(c) provide the prospective renter an opportunity to conduct a walkthrough inspection of the residential rental unit. - 3 UT Code § 57-27-201
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57-27-201 Disclosure of contaminated property required.
(1) Subject to Section 57-1-37, if an owner or lessor of real property has actual knowledge
that the property is currently contaminated from the use, storage, or manufacture of
methamphetamines, the owner or lessor shall, in a real property lease, conveyance, or other
transaction related to the contaminated property, disclose that the property is contaminated.
(2)
(a) If an owner’s or lessor’s real property is contaminated from the use, storage, or manufacture
of methamphetamines, the owner or lessor may report the contaminated property to
a government agency responsible for monitoring the decontamination process and
documenting that the test results meet decontamination standards.
(b) Notwithstanding Subsection (2)(a), an owner or lessor whose contaminated property is
reported in a police action related to the manufacturing of methamphetamines shall be subject
to the provisions of Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and
Decontamination Act. - 4 UT Code § 7-15-1 (2018)
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(b) If an issuer of a check is liable under Subsection (2)(a), the issuer is liable for:
(i) the check amount; and
(ii) a service charge of $20.
…
(4) If the issuer does not pay the amount owed under Subsection (2)(b) within 15 calendar days from the day on which the notice required under Subsection (5) is mailed, the issuer is liable for:
(a) the amount owed under Subsection (2)(b); and
(b) collection costs not to exceed $20.
…
(i) the amount owed under Subsection (2)(b);
(ii) the collection costs under Subsection (4);
(iii) an amount that:
(A) is equal to the greater of:
(I) $50; or
(II) triple the check amount; and
(B) does not exceed the check amount plus $250; and
(iv) if the holder retains an attorney to recover on the dishonored check, reasonable attorney’s fees not to exceed $50.
