A Utah residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Utah Residential Lease Agreement Disclosures
These disclosures are required for 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
Applies 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
Applies to all Utah rentals.
Utah leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Methamphetamine Contamination Disclosure
Applies to any Utah rental with known possible methamphetamine contamination.
Utah leases must disclose any landlord knowledge relating to methamphetamine manufacturing, use, or storage on their rental property. 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
Applies to any rental units built before 1978.
Utah residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- 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 any additional records or reports about the presence or hazards of 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 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 reduce asbestos risk by not disturbing 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 have a $20 limit. If not paid within 15 days of proper notice, the landlord may charge an additional $35 in collection costs. |
| 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 efforts, plus information about treatments. This helps 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 | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. 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 the benefit of both landlord and tenant. 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. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 Utah Code § 57-22-4(6)
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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.
Source Link - 2 Utah Code § 57-22-4(7)
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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
(b) provide the renter:
(i) an executed copy of the rental agreement, if the rental agreement is a written agreement; and
(ii) a copy of any rules and regulations applicable to the residential rental unit.
Source Link - 3 Utah Code § 57-27-201
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(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.
(3) (a) A person may file a civil action to enforce this chapter.
(b) A court may award a prevailing party damages, court costs, and reasonable attorney fees for an action filed under this chapter.
Source Link - 4 Utah Code § 7-15-1(2)(b) & (4)
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(2)(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 $35.
Source Link
