Utah Residential Lease Agreement

Introduction

A Utah lease agreement is a written rental arrangement between a tenant and a landlord of a residential or commercial property. The parties will review the contract to ensure they understand and accept their rights and obligations before signing. A signed agreement is legally binding and continues until the term ends or both parties agree to terminate.

Required Disclosures

Lead-Based Paint Disclosure

Landlords must disclose the existence of lead-based paint on the property if it was constructed prior to 1978. ^[1]

Owner and Manager Information

Tenants must be given the names, addresses, and phone numbers of the owner or another individual/entity authorized to manage the property or act on the owner's behalf. They must also receive a copy of any rules that apply to the rental unit. ^[3]

Property Condition Report

Prior to a tenant's occupancy, the landlord must furnish the tenant with a written inventory of the condition of the rental unit. A blank form must be attached to the report so the tenant can list any damages at the beginning of the rental term. ^[4]

Security Deposits

Maximum Amount

Maximum security deposit amount is not addressed in state statutes. Landlords have discretion to set the deposit amount.

Collecting Interest

The collection of interest on security deposits is not covered by state law. Landlords are not required to pay interest unless specified in the lease agreement.

Returning to Tenant

The landlord has 30 days to return the security deposit to the tenant, or the appropriate balance of the deposit if used to repair damages. ^[5]

Itemized List of Damages

State statutes do not mention the requirement of an itemized list of damages. However, providing an itemized list is recommended as a best practice.

Separate Bank Account

There are no laws that mandate separate bank accounts for security deposits. Landlords may commingle deposits with other funds.

Landlord's Entry Rights

General Access

Unless the lease states otherwise, landlords must give 24 hours' notice before entering the premises. ^[6]

Immediate Access (Emergency)

Entering in an emergency is not explicitly mentioned in state statutes, but if the lease states a landlord can enter for emergencies without notice, the provision will most likely be deemed valid and legal.

Rent Payments

Grace Period

There is no grace period mentioned in state statutes. If the tenant fails to pay rent on the due date, the landlord can serve them a notice to pay or quit at any time.

Maximum Late Fee

The maximum late fee is 10% of the rent amount or $75, whichever is greater. The fee must be disclosed in the lease agreement, unless the lease is month-to-month and the landlord provides a 15-day notice of the charge. ^[7]

Bad Check (NSF) Fee

A landlord can charge $20 if a tenant's rent check bounces due to insufficient funds, provided written notice of this possible fee was given to the tenant. If the tenant does not pay this fee within 15 calendar days, they are required to pay within 30 calendar days the check amount, the $20 service charge, and collection costs not to exceed $35. ^[8]

Withholding Rent

If a landlord fails to fix an issue on the property after being served appropriate notice by the tenant, the tenant can take one of the following actions: ^[9]

Withhold Future Rent, Terminate the Rental Agreement, and Request From the Landlord Their Security Deposit

Repair the Damages and Deduct the Costs of Making Repairs Up to an Amount Equal to Two Months' Rent (copies of Receipts Must Be Provided to the Landlord)

Breaking a Lease

Non-Payment of Rent

Tenants who fail to pay rent have 3 days to pay or quit the premises once notice has been served. ^[10]

Non-Compliance

Landlords can serve a 3-day notice to comply or quit on tenants who break the terms of their lease agreement. ^[11]

Tenant Maintenance Obligations

Tenants must keep their rental property clean, safe, and in good repair, in addition to adhering to all renter's rules and obligations in state law. ^[13]

Lockouts

State law does not explicitly mention whether landlords are prohibited from locking tenants out of the rental unit. However, self-help evictions are generally disfavored and landlords should follow proper legal eviction procedures.

Property Abandonment

If the landlord believes the tenant has abandoned the property, they must send them a notice stating that they will take back possession of the property in 24 hours unless the tenant sends a dispute in writing. ^[14]

Duty to Re-Rent

If the property is abandoned, the landlord can regain possession and try to rent it out again. They may charge the previous tenant the rent due for the rest of the lease term or the amount of rent accrued before re-renting the property to a new tenant plus associated costs. ^[15]

Lease Termination

Month-To-Month Tenancy

Landlords may terminate a month-to-month tenancy by serving the tenant a 15-day notice to quit. ^[16]

Unclaimed Property

Any unclaimed personal property left by a tenant must be kept in storage by the landlord for 15 days. They may charge the tenant for all related costs and, if the property is not claimed, the landlord can sell it or donate it. ^[17]