Utah Standard Residential Lease Agreement

Introduction

A Utah residential lease agreement is a legally binding contract between a landlord (owner) and tenant (renter) that establishes the terms and conditions for renting residential property. This document governs the rights, responsibilities, and obligations of both parties throughout the tenancy period. Utah residential tenancies are primarily regulated by the Utah Fit Premises Act, found in Utah Code Annotated Title 57, Chapter 22. ^[10]

A standard residential lease, as distinct from a month-to-month tenancy, has a fixed start and end date (typically one year). The lease must specify the rental price, rental term, security deposit requirements, and any applicable rules and regulations. Both landlords and tenants should understand their legal rights and obligations before entering into a lease agreement.

Legal Definition

Under Utah law, a 'rental agreement' means any written or oral agreement that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of a residential rental unit. ^[10]

The Utah Fit Premises Act defines key terms including 'owner' (any person who holds title to the property or who has authority to manage or lease the property), 'renter' (any person entitled to occupy the residential rental unit under a rental agreement), and 'residential rental unit' (a dwelling unit rented or available for rent for residential purposes).

Required Disclosures

Utah law mandates that landlords provide certain disclosures to tenants before or at the commencement of the lease. Failure to provide required disclosures may affect the enforceability of certain lease provisions and could expose landlords to liability.

Lead-Based Paint Disclosure (pre-1978 Properties)

For properties constructed before 1978, federal law requires landlords to disclose any known information concerning lead-based paint or lead-based paint hazards in the dwelling. Landlords must also provide tenants with an EPA-approved information pamphlet on lead poisoning prevention. ^{[4] [14]}

Methamphetamine Contamination Disclosure

If an owner or lessor has actual knowledge that the property is currently contaminated from the use, storage, or manufacture of methamphetamines, they must disclose this information to the prospective tenant before entering into a lease agreement. ^[3]

Owner and Manager Information

At or before the commencement of the rental term, landlords must disclose in writing: (a) the owner's name, address, and telephone number; or (b) the name, address, and telephone number of any person authorized to manage the residential rental unit or act on behalf of the owner for receiving notices and performing duties under the rental agreement. ^[1]

Property Condition Disclosure

Before entering into a rental agreement, owners must provide ONE of the following: (a) a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear; (b) a form for the renter to document the condition, with reasonable time to complete and return it; or (c) an opportunity for the prospective renter to conduct a walkthrough inspection. ^[1]

Rules and Regulations

Owners must provide renters with a copy of any rules and regulations applicable to the residential rental unit at or before the commencement of the rental term. Additionally, if the rental agreement is in writing, an executed copy must be provided to the renter. ^[1]

Security Deposit Laws

Maximum Amount: Utah does not impose a statutory limit on the amount a landlord may charge as a security deposit. Landlords have discretion to set the deposit amount, though most commonly charge one to two months' rent.

Return Period: Within 30 days after the tenant vacates and returns possession of the rental property, the landlord must return the security deposit balance along with any prepaid rent. If deductions were made, the landlord must provide a written notice itemizing and explaining each deduction. ^[2]

Permitted Deductions: Landlords may apply the security deposit toward: unpaid rent, damages beyond reasonable wear and tear, other costs and fees provided for in the rental agreement, and cleaning of the unit. ^[2]

Electronic Return (Effective May 7, 2025): As of May 7, 2025, landlords may return security deposits and provide itemized statements electronically if the tenant has provided a means for electronic delivery. ^[2]

Rent Payment Laws

Grace Period: Utah law does not require landlords to provide a grace period for rent payments. Rent is due on the date specified in the lease agreement, and late fees may be assessed immediately after that date unless the lease provides otherwise.

Maximum Late Fee: Landlords may not charge a late fee that exceeds the greater of: (a) 10% of the agreed rent; or (b) $75. ^[1]

NSF (Bounced Check) Fee: For dishonored checks, landlords may charge a service fee of up to $20 as specified in Utah's Dishonored Instruments statute. Additional collection costs may apply after proper notice. ^[8]

Pre-Rental Disclosures (before Accepting Any Payment)

Before accepting an application fee or any other payment from a prospective renter, owners must disclose in writing: ^[1]

(a) A good faith estimate of the rent amount and each fixed, non-rent expense;

(b) The type of each use-based, non-rent expense (utilities, etc.);

(c) The scheduled availability date of the unit;

(d) Eligibility criteria including criminal history, credit, income, employment, and rental history requirements;

(e) The process for recovering money if the rental agreement terms differ from the good faith estimate.

Landlord's Duties and Obligations

Under the Utah Fit Premises Act, landlords have specific obligations to protect the physical health and safety of tenants: ^[1]

Habitability Standards: Landlords may not rent premises unless they are safe, sanitary, and fit for human occupancy.

Maintenance Requirements: Landlords must maintain: (a) common areas in sanitary and safe condition; (b) electrical systems, plumbing, heating, and hot/cold water; (c) air conditioning systems in operable condition; (d) other appliances and facilities as specified in the rental agreement.

Garbage Services: For buildings with more than two residential units, landlords must provide and maintain appropriate receptacles for garbage and arrange for its removal, unless otherwise agreed with the renter.

Entry Notice: Except as otherwise provided in the rental agreement, landlords must provide at least 24 hours prior notice before entering a tenant's unit. ^[1]

Tenant's Duties and Obligations

Utah law imposes specific obligations on tenants: ^[5]

(a) Comply with health board rules affecting physical health and safety;

(b) Maintain the premises in a clean and safe condition;

(c) Dispose of garbage and waste properly;

(d) Maintain plumbing fixtures in sanitary condition;

(e) Use electrical, plumbing, heating, and other facilities reasonably;

(f) Occupy the unit as designed without increasing occupants beyond the lease limit;

(g) Remain current on all payments;

(h) Comply with rental agreement rules, including smoking prohibitions.

Prohibited Actions: Tenants may not intentionally or negligently damage the property, interfere with other tenants' peaceful enjoyment, or unreasonably deny the landlord access for repairs.

Tenant Remedies for Deficient Conditions

When a landlord fails to maintain habitable premises, Utah law provides tenants with specific remedies (effective July 1, 2024): ^[6]

Notice Requirement: Tenants must provide written notice describing the deficient condition, stating the corrective period, and indicating which remedy they choose if the landlord fails to act.

Corrective Periods:

For habitability violations: 3 calendar days

For rental agreement violations: 10 calendar days

Remedy Options:

Rent Abatement: Tenant's rent is abated, the lease is terminated, and landlord must immediately return the security deposit and prorated prepaid rent. Tenant must vacate within 10 days after the corrective period expires.

Repair and Deduct: Tenant may correct the condition and deduct the cost from future rent, up to two months' rent. Receipts must be provided to the landlord within 5 days of the next rental period.

Dangerous Conditions: For conditions posing imminent risk of loss of life or significant physical harm, landlords must commence remedial action within 24 hours of notice. ^[6]

Eviction Procedures and Notices

Utah's eviction process is governed by Title 78B, Chapter 6, Part 8 (Forcible Entry and Detainer): ^{[7] [15]}

Fair Housing Protections

The Utah Fair Housing Act provides broader protections than federal law. Discrimination is prohibited based on: ^{[9] [13]}

Race, color, religion, national origin, sex

Disability (physical or mental)

Familial status (families with children)

Source of income (including government assistance) - Utah-specific protection

Sexual orientation - Utah-specific protection

Gender identity or expression - Utah-specific protection

Filing Complaints: Complaints must be filed within 365 days with the Utah Antidiscrimination and Labor Division (UALD). UALD investigates claims filed within 180 days; claims between 181-365 days are forwarded to HUD.

Retaliation Prohibited: Landlords cannot retaliate against tenants for filing fair housing complaints, opposing discrimination, or participating in fair housing proceedings.

Lease Termination

Fixed-Term Leases: Automatically terminate on the end date specified in the agreement. Neither party is required to give notice unless the lease stipulates otherwise. Renewal terms depend on the lease agreement.

Month-to-Month Tenancies: Either party may terminate by providing at least 15 days' written notice before the next rent due date. ^[7]

Early Termination: Unless the lease includes an early termination clause, breaking a lease early may result in liability for remaining rent. Utah law does not require landlords to mitigate damages by re-renting, though many do so as a practical matter.

Best Practices for Utah Residential Leases

For Landlords:

Use a written lease agreement that clearly specifies all terms and conditions

Provide all required disclosures before accepting any payments

Document the property condition with photos and a written inventory

Keep security deposits in a separate account (though not required by Utah law)

Respond promptly to maintenance requests and document all repairs

Follow proper eviction procedures - never engage in self-help evictions

For Tenants:

Read the entire lease agreement before signing

Document the property condition at move-in with photos and written notes

Keep copies of all communications with the landlord

Report maintenance issues in writing promptly

Obtain renter's insurance to protect personal property

Provide a forwarding address for security deposit return