A Utah lease agreement isn’t just another piece of legal paperwork; it’s your protection against late rent, property damage, and tenant disputes. If you own a rental property in Utah, from Salt Lake City to Moab, having the right lease agreement in place can help protect your investment, allowing you to sleep better at night.
Disclosures (4)
Utah law requires that landlords disclose certain information to tenants when signing a lease. Disclosures help limit the liability of the landlord while also assisting tenants to understand precisely what they’re agreeing to.
- Lead-based paint: Federal law requires that landlords disclose any known information about lead-based paint and its hazards to tenants renting a home built before 1978.
- Methamphetamine: If a landlord knows of methamphetamine use, manufacture, or storage on the property, they must disclose this information to the tenant and the state (UC § 57-27-201).
- Move-in checklist: Landlords must provide a detailed checklist outlining the unit’s condition at move-in and allow the tenants an opportunity to walk through and document any damage that was not disclosed (UC § 57-22-4(6)(a)).
- Landlord’s name and address: Utah landlords must provide their name, address, and contact information to tenants along with the lease (UC § 57-22-4(7)(a)).
Optional Disclosures and Addenda
There are other disclosures that, while not required by law, are a good idea to include with a Utah lease agreement. These disclosures can limit your liability and clear up any potential confusion.
Asbestos: Informs tenants of any known asbestos hazards on-site, as well as suggestions for minimizing risks related to asbestos fibers.
Bed bugs: Informs tenants of any suspected or known bed bug infestation history in the unit or adjacent units.
Late/returned check fees: Outlines fees associated with late rent checks or returned checks. In Utah, late fees can be as much as 10 percent of the monthly rent (up to $75), while returned check fees max out at $20.
Medical marijuana use: Explains the policy for the use of medical marijuana on the property, as some states allow landlords to place restrictions on its use.
Mold disclosure: Informs tenants of any suspected mold issues in the unit, as well as provides information on treatment options.
Non-refundable fees: If the landlord plans to charge any non-refundable fees, they must clearly outline them in the lease. Charges that the tenant did not agree to may be refundable at the end of the lease term.
Shared utilities arrangements: If any tenants share a utility meter, landlords must outline how they will divide the cost of utilities.
Smoking: Details the smoking policy for the unit, including any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Landlords who fail to include mandatory disclosures in their Utah lease agreement may face consequences, including financial penalties, legal repercussions, and other potential issues.
Security Deposit Regulations in Utah
Most landlords choose to collect a security deposit along with their Utah lease agreement, which helps protect the landlord against unexpected expenses that may occur due to damage caused by the tenant.
Maximum amount: There is no limit to how much a Utah landlord may charge as a security deposit, although it must be outlined and agreed to in the lease.
Deposit receipt: Landlords are not required to provide tenants with a written receipt for their security deposit payment.
Security deposit return: Security deposit funds, minus any deductions, must be returned within 30 days of the end of the lease term (UC § 57-17-3(2)).
Deductions: Landlords may make deductions from a tenant’s security deposit for excessive cleaning, damage beyond normal wear and tear, or unpaid rent (UC § 57-17-3(1)).
Rent Payment Regulations
Utah grants landlords considerable flexibility in charging and collecting rent; however, they are not entirely free from regulation. Landlords must follow specific rules to remain compliant.
Rent control/stabilization: Rent control and rent stabilization laws do not exist in Utah.
Late rent fees: The maximum late fee that landlords may charge in Utah is $75 or 10 percent of the monthly rent, whichever is greater (UC § 57-22-4(5)(a)).
Grace period: There is no required grace period for late rent in Utah, although landlords have the option to include one in their lease agreement, if they choose.
Tenant’s right to withhold rent: In Utah, tenants have the right to withhold up to 2 months’ rent for necessary repairs if the landlord does not respond or act within 24 hours of being given notice (UC § 57-22-6(4)(a-b)).
Violations
If there is any sort of violation during your lease term, Utah law outlines your rights and responsibilities as a landlord that can help you get back on track quickly.
Lease violation: For everyday lease violations, landlords may issue a 3-day notice to tenants to cure or quit. For more serious offenses, a landlord may issue a 3-day notice to quit or an eviction notice (UC § 78B-6-802(h)), (UC § 78B-6-802(d-g)).
Missed rent payment: If a tenant misses a rent payment, Utah landlords may issue a 3-day Notice to Pay or Quit (UC § 78B-6-802(1)(c)).
Lease abandonment: If a tenant abandons their lease before the end of its term, they may be financially responsible for the remainder of the lease until a new tenant can be found (UC § 78B-6-816).
Self-help evictions: In Utah, self-help evictions are illegal; landlords should always go through the proper legal channels for an eviction.
Terminating a Lease
Proper notice is required to terminate a lease from either side. Adhering to these guidelines helps you avoid any conflict or confusion down the road.
Standard lease: Tenants may be able to terminate their lease early without penalty under certain circumstances, such as active duty military service, uninhabitable living conditions, or landlord harassment.
Month-to-month: Either party can terminate a month-to-month lease with 15 days’ written notice (UC § 78B-6-802).
Property abandonment: Landlords must store any items left behind for 15 days, and may charge for storage during this time. After 15 days, if the tenant has not claimed their property, the landlord may dispose of it (UC § 78B-6-816(2)).
Renewing a Lease
Renewals can be a great time to lock in a good tenant or update terms. But are renewals required in Utah? While the renewal process can be simple, it’s essential to follow the rules.
Notice requirements: Month-to-month leases require 15 days’ notice from the landlord if they intend not to renew. Fixed-term leases, however, need no notice if the landlord decides not to renew the lease (UC § 78B-6-802).
Renewals: Utah landlords are not required to renew a lease at the end of its term.
Landlord’s Access to Property
From time to time, Utah landlords may need to access the property. Whether it’s for routine maintenance or an emergency, state law says that landlords can’t just stop by unannounced. Here’s what you need to know to stay compliant.
Immediate access: Landlords may access the property without notice in the event of an emergency.
Notice requirements: Unless otherwise noted in the lease, landlords must give at least 24 hours’ notice to tenants before entering the unit (UC § 57-22-4(2)).
Harassment: Failing to follow these rules, whether by entering the property without notice or entering without just cause, can be considered landlord harassment. In these cases, a tenant may be able to terminate their lease early and without penalty.
