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 following disclosures are either required for some or all residential lease agreements in Utah.
- Landlord’s Name & Address – for all rental units in Utah.
- Move-In Checklist (PDF) – for all rental units in Utah.
- Methamphetamine Contamination Disclosure (PDF) – for rental units where the landlord has knowledge of methamphetamine contamination.
- Lead Based Paint Disclosure (PDF) – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Utah.
Landlord’s Name & Address
Applicable to all rental units in Utah.
So that future legal notices and demands sent by the tenant can be properly delivered to the landlord, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed up-front (commonly done so in the lease agreement) .
Applicable to all rental units.
Utah requires that landlords provide a move-in checklist (usually alongside the lease) that outlines the inventory and condition of the property upon move-in by the client. After being signed by both parties, this list may be used to recover security deposits, if applicable .
Methamphetamine Contamination Disclosure
Applicable to any property where the landlord has knowledge of possible contamination.
In Utah, disclosure of any knowledge relating to methamphetamine manufacturing, use, or storage is legally required in a lease agreement . Only known information has to be disclosed, and a contaminated unit may not be rented out.
Methamphetamine contamination can be dangerous to Tenant(s) in high concentrations, presenting health concerns through absorption of the materials in the air.
[ ] 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
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 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.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Utah law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Utah law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
- Returned Check Fees – returned check fees are liable for a $20 service charge upon return, $20 collection fee is not paid within 15 days of notice, and an amount that is the greater of $50 or triple the check amount (but not more than $250 plus the check amount) plus $50 attorney fees after 30 days of nonpayment.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.