The Utah sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Utah?
A tenant does need a landlord’s explicit written permission to sublet in Utah. Even after permission is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a pet or a poor work history.
Standardized Utah Sublease Agreements
A standard form can be used in Utah to create a sublease. Here’s what is generally included in a Utah sublease agreement:
- Rental Unit Location – The address for the rental unit as described in the master lease.
- Term – The beginning and ending date of the sublease.
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Landlord’s Consent – This section describes how the landlord is asked to give permission (if permission is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written permission of the parties to the agreement.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages that impact the landlord as stated in the master lease agreement.
- Authorized Occupants – This identifies the new tenant(s) and those that are authorized to live in the rental unit including any policy about short-term guests.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- Master Lease Inclusion – A copy of the original lease is attached to the sublease. If any exceptions in the original lease are not included they should be clearly stated in this section.
- Security Deposit – The security deposit is held by the Sublessor (not the landlord). There is no limit on how much a landlord can collect for a security deposit in Utah.
- Pet Deposit – In Utah, landlords can charge a pet deposit, except for service dogs and emotional support animals.
- Return of Security Deposit – Utah landlords have 30 days after the tenant vacates the rental unit to return any remaining portion of a security deposit.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease which may include furniture or appliances.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Parking Policy – List designated areas where subtenants and their guests may park and include information about any parking fees.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease
In Utah, a sublessor may be subject to local and state taxes if they sublet a property for less than 30 days. For example, in Salt Lake City, taxes may include:
- Utah State Sales Tax – 4.85%
- Utah State Transient Room Tax – 0.32%
- Salt Lake County Transient Room Tax – 4.25%
- Salt Lake County Sales Tax – 1.35%
- Salt Lake City Sales Tax – 0.5%
