This chapter is known as the 'Utah Fit Premises Act.'
As used in this chapter: (1) 'Owner' means the owner, lessor, or sublessor of a residential rental unit. A managing agent, leasing agent, or resident manager is considered an owner for purposes of notice and other communication required or allowed under this chapter unless the agent or manager specifies otherwise in writing in the rental agreement. (2) 'Rental agreement' means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit. (3) 'Rental application' means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit. (4) 'Renter' means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. (5) 'Residential rental unit' means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. It does not include facilities contained in a boarding or rooming house or similar facility, mobile home lot, or recreational property rented on an occasional basis.
(1) Each owner and the owner's agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water. (2) Each renter shall cooperate in maintaining the renter's residential rental unit in accordance with this chapter. (3) This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter. (4) Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties.
(1) To protect the physical health and safety of the ordinary renter, an owner: (a) may not rent the premises unless they are safe, sanitary, and fit for human occupancy; and (b) shall: (i) maintain common areas in a sanitary and safe condition; (ii) maintain electrical systems, plumbing, heating, and hot and cold water; (iii) maintain any air conditioning system in an operable condition; (iv) maintain other appliances and facilities as specifically contracted in the rental agreement; and (v) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal. (2) Except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit. (3) Before an owner accepts an application fee or any other payment from a prospective renter, the owner shall disclose in writing: (i) a good faith estimate of the rent amount and each fixed, non-rent expense; (ii) the type of each use-based, non-rent expense; (iii) the day on which the unit is scheduled to be available; (iv) the eligibility criteria the owner will consider including criminal history, credit, income, employment, or rental history; and (v) the requirements and process for the prospective renter to recover money paid. (4) A prospective renter may make a written demand for return of money paid within five business days after receiving the rental agreement if the good-faith estimate differed from the actual rental agreement amounts, as long as the renter has not signed the agreement or taken possession; owner must return all money within five business days of demand. (5) An owner may not charge a late fee exceeding the greater of: (a) 10% of the rent agreed to in the rental agreement; or (b) $75. Owner may not charge fees not included in the rental agreement unless tenancy is month-to-month and owner provides 15-day notice. (6) Before entering into a rental agreement, the owner shall: (a) provide a written inventory of existing conditions; (b) furnish a form for the renter to document conditions and allow reasonable time to complete and return it; or (c) provide the renter an opportunity to conduct a walkthrough inspection. (7) At or before commencement of the rental term, an owner shall disclose the owner's name, address, and telephone number or authorized manager's information in writing, and provide an executed copy of the rental agreement and any applicable rules and regulations. (8) Nothing in this section prohibits any fee, fine, assessment, interest, or cost allowed by law or stated in the rental agreement. (9) A renter may not use an owner's failure to comply with subsections (2) through (7) as a basis to excuse the renter's compliance or to bring a cause of action against the owner.
(1) If an owner fails to deliver possession of a residential rental unit on the date provided in the rental agreement: (a) the renter may, by written notice to the owner, terminate the rental agreement; or (b) if the renter chooses not to terminate the rental agreement, rent abates until the owner delivers possession as provided in the rental agreement. (2) If a renter terminates a rental agreement under Subsection (1)(a), the owner shall, as promptly as reasonable, return to the renter all prepaid rent and any security deposit.
(1) Each renter shall: (a) comply with applicable board of health rules materially affecting physical health and safety; (b) maintain the premises occupied in a clean and safe condition and not unreasonably burden any common area; (c) dispose of all garbage and other waste in a clean and safe manner; (d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit; (e) use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner; (f) occupy the residential rental unit in the manner for which it was designed and not increase occupants above those specified in the rental agreement without written permission of the owner; (g) be current on all payments required by the rental agreement; and (h) comply with each rule, regulation, or requirement of the rental agreement, including any prohibition on or allowance of smoking. (2) A renter may not: (a) intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so; (b) interfere with the peaceful enjoyment of the residential rental unit of another renter; or (c) unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs.
(1) Definitions: 'Crime victim' means a victim of domestic violence, stalking, sexual offenses under Title 76 Chapter 5 Part 4, burglary or aggravated burglary, or dating violence. 'Termination fee' means the equivalent of one month of rent under the rental agreement. 'Public safety agency' means a governmental entity providing fire protection, law enforcement, ambulance, medical, or similar service. (2) Acceptable documentation includes: a protective order following a hearing on notice to both parties; or a copy of a police report documenting an act listed in Subsection (1). (3) A renter who is a crime victim may require the owner to install a new lock to the renter's residential rental unit if the renter provides acceptable documentation and pays for the cost of installation. The owner may retain a copy of the new key but must refuse to provide a copy to the perpetrator. (4) A renter who is a victim of domestic violence may terminate all future obligations under a rental agreement if the renter: is in compliance with all obligations under the rental agreement; provides the owner with a court order or police report; provides written notice of termination including the intended vacate date; and pays the owner a termination fee equal to one month's rent on the later of the date the notice is provided or the date the renter vacates. (5) A renter may terminate under Subsection (4) even if not in compliance with 57-22-5(1)(g) or (2) if noncompliance occurred less than 30 days before notice, the noncompliance is due to domestic violence, and the renter is otherwise in compliance. (6) After providing written notice of termination, the renter shall vacate within 15 days and pay rent for any occupation during that period. (7) A renter may not terminate under Subsection (4) after a notice of eviction is served. (8) A terminating renter remains liable for financial obligations accrued before the notice of termination and for occupancy during the 15-day vacate period. (9) Termination of the renter's future obligations does not terminate the rental agreement for any other person entitled to occupy the unit. (10) An owner may not impose a restriction on a renter's ability to request assistance from a public safety agency, or penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency.
(1) Definitions: 'Corrective period' means: (i) for a standard of habitability, three calendar days; and (ii) for a rental agreement requirement, 10 calendar days. 'Deficient condition' means a condition of a residential rental unit that violates a standard of habitability or a rental agreement requirement and is not caused by the renter, renter's family, or renter's guest. 'Standard of habitability' means a standard relating to the condition of a residential rental unit that an owner is required to maintain under Subsection 57-22-3(1) or 57-22-4(1)(a) or (b)(i), (ii), or (iii). (2) If a renter believes the unit has a deficient condition, the renter may serve a written notice of deficient condition that: describes each deficient condition; states the applicable corrective period; states the chosen renter remedy if the owner fails to act; provides the owner permission to enter to make corrective action; and is served in accordance with Section 78B-6-805 or the rental agreement. (3) If a renter believes the unit has a dangerous condition (posing substantial risk of imminent loss of life or significant physical harm), the renter may notify the owner by any reasonable means. The owner shall within 24 hours commence remedial action and diligently pursue it to completion. Notice of a dangerous condition does not constitute a notice of deficient condition unless it also meets the requirements of Subsection (2). (4) If the owner fails to take substantial corrective action within the corrective period: (a) Rent Abatement Remedy: rent is abated as of the date of notice; the rental agreement is terminated; the owner must immediately return the entire security deposit and prorated prepaid rent; and the renter must vacate within 10 calendar days after expiration of the corrective period; OR (b) Repair and Deduct Remedy: the renter may correct the deficient condition and deduct from future rent the amount paid, not exceeding two months' rent; the renter must maintain all receipts and provide copies to the owner within five calendar days after the beginning of the next rental period. (4)(b) A renter is not entitled to a renter remedy if not in compliance with all requirements under Section 57-22-5. (4)(c) If a residential rental unit is not fit for occupancy, an owner may decline to correct a deficient condition and terminate the rental agreement, with written notice to the renter by the end of the corrective period, return of prepaid rent and deposits within 10 calendar days, and at least 10 days for the renter to vacate. (5) After the corrective period expires, a renter may bring a court action to enforce the chosen remedy. The court shall endorse the summons requiring the owner to appear and defend within three business days. If the owner unjustifiably refused to correct a deficient condition, the renter is entitled to damages in addition to the renter remedy. The court may award costs and reasonable attorney fees to the prevailing party.
(1) A county or municipality may not adopt an ordinance, resolution, or regulation that is inconsistent with this chapter. (2)(a) Subsection (1) may not be construed to limit the ability of a county or municipality to enforce an applicable administrative remedy with respect to a residential rental unit for a violation of a county or municipal ordinance, subject to Subsection (2)(b). (b) A county or municipality's enforcement of an administrative remedy may not have the effect of: (i) modifying the time requirements of a corrective period as defined in Section 57-22-6; (ii) limiting or otherwise affecting a tenant's remedies under Section 57-22-6; or (iii) modifying an owner's obligation under this chapter relating to the habitability of a residential rental unit. (3) A municipality with a good landlord program under Section 10-1-203.5 may not limit an owner's participation in the program or reduce program benefits because of renter or crime victim action that the owner is prohibited under Subsection 57-22-5.1(10) from restricting or penalizing.
Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide the renter with written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained.
If there is a written agreement and if any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent.
(1) Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit. (2) No later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner's agent, the owner or the owner's agent shall mail or deliver to the renter at the renter's last known address, or electronically to the renter by a means provided to the owner by the renter: (a) the balance of any deposit; (b) the balance of any prepaid rent; and (c) if the owner made any deductions, a written notice that itemizes and explains the reason for each deduction. (3) If an owner fails to comply with Subsection (2), the renter may serve the owner a formal written notice (using a specified statutory form) demanding compliance within five business days. The notice must state the names of the parties, the vacate date, that the owner failed to comply, and the address for delivery. (4) The formal demand notice shall be served by: personal delivery to the owner at the address in the lease; leaving with a person of suitable age at that address; affixing to the address in a conspicuous place if no suitable person is found; or by registered or certified mail to the address in the lease. (5) Within five business days after the formal demand notice is served, the owner or agent shall comply with the requirements of Subsection (2).
The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.
(1) If an owner or the owner's agent fails to comply with the requirements of Subsection 57-17-3(5) (i.e., fails to comply with the formal tenant demand notice within five business days), the renter may: (a) recover from the owner: (i) if the owner failed to timely return the balance of the renter's deposit, the full deposit; (ii) if the owner failed to timely return the balance of prepaid rent, the full amount of prepaid rent; and (iii) a civil penalty of $100; and (b) file an action to enforce compliance with the provisions of this section. (2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith. (3) A renter is not entitled to relief under this section if the renter fails to serve a formal demand notice in accordance with Subsection 57-17-3(3). (4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
A tenant of real property is guilty of an unlawful detainer in the following cases: (1) When the tenant continues in possession in person or by subtenant, without permission of the landlord, after the expiration of the term for which it is let to the tenant. In all cases, the tenant is entitled to notice as provided in Section 78B-6-802. (2) When the tenant, having a lease of definite duration, holds over after the expiration of the lease. (3) When the tenant continues in possession, in person or by subtenant, after default in the payment of rent and three days' notice, in writing, requiring its payment or the possession of the property. (4) When the tenant continues in possession after failure to perform any condition or covenant of the lease or after committing waste upon the premises and three days' notice, in writing, requiring the performance or the possession of the property. (5) When the tenant continues in possession after failure to comply with any lawful rule or regulation and three days' notice. For purposes of this part, 'days' means calendar days.
The notices required by Section 78B-6-801 shall be served as follows: (1) For nonpayment of rent: 3-day written notice to pay rent or quit (surrender possession). (2) For lease violation (curable): 3-day written notice to comply with the lease condition or quit. (3) For nuisance, waste, or illegal activity: 3-day notice to quit (no opportunity to cure). (4) For termination of month-to-month tenancy: 15-day written notice before the end of the rental period. (5) For at-will tenancy (no written or oral lease): 5-day notice to quit. Notice may be served by: personal delivery; leaving with a person of suitable age and discretion at the property; or by affixing to the main entrance in a conspicuous place if no such person is available. For notices to pay or quit: if the tenant pays all rent due before the 3-day period expires, the eviction proceeding may not be commenced for that nonpayment.
A notice required under this part shall be served on the defendant by: (1) delivering a copy to the defendant personally; (2) if the defendant is absent from the defendant's place of residence or usual place of business, leaving a copy with some person of suitable age and discretion at either place and mailing a copy to the defendant at the defendant's place of residence or usual place of business; (3) if the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found, affixing a copy in a conspicuous place on the property and delivering a copy to a person there residing, if any, and mailing a copy to the defendant at the place where the property is situated.
The complaint in unlawful detainer shall state: (1) the interest of the plaintiff in the premises; (2) the interest of the defendant in the premises, as far as known to the plaintiff; (3) the manner in which the defendant became the defendant's interest; (4) the circumstances under which the defendant is guilty of unlawful detainer; and (5) a description of the premises.
If judgment is in favor of the plaintiff, the court shall grant judgment against the defendant: (1) for restitution of the premises; (2) for any unpaid rent and other money damages proved at trial; (3) for court costs; and (4) for attorney fees if provided by the lease or statute. The court shall issue a writ of restitution directing the sheriff or constable to restore possession of the premises to the plaintiff. The writ of restitution may be issued at or after judgment. If the defendant has not vacated within three judicial days after service of the writ of restitution, the sheriff or constable shall remove the defendant from the premises.
Except as specifically permitted by law, a landlord may not recover possession of a dwelling unit by any means other than a judicial proceeding. A landlord shall not: (1) willfully interrupt or cause the interruption of any utility service furnished the tenant including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utilities are under the control of or payment is made by the landlord; (2) remove or exclude the tenant from the premises; (3) remove, alter, or add any lock or locking device on any door; (4) remove any door, window, or attic hatchway; or (5) remove the tenant's personal property from the dwelling unit. A landlord violating this section is liable to the tenant for all actual damages sustained plus a penalty of not less than $100 and not more than $1,000 for each act of prohibited conduct.
This chapter is known as the 'Utah Fair Housing Act.'
Key definitions: 'Aggrieved person' includes a person who claims to have been injured by a discriminatory housing practice or believes injury is about to occur. 'Commission' means the Utah Labor Commission. 'Disability' means a physical or mental impairment substantially limiting one or more major life activities; does not include current illegal use of federally controlled substances. 'Familial status' means one or more individuals under age 18 domiciled with a parent or legal custodian, or the designee with written permission; includes pregnant persons and those seeking legal custody. 'Gender identity' has the meaning in DSM-5 and may be shown by medical history, consistent assertion, or other evidence. 'Sexual orientation' means actual or perceived orientation as heterosexual, homosexual, or bisexual. 'Source of income' means the verifiable condition of being a recipient of federal, state, or local assistance including medical assistance, housing subsidies, rental assistance, or rent supplements.
The Utah Fair Housing Act does not apply to: (1) A single-family dwelling sold or rented by its owner if: the owner does not own interest in four or more single-family units held for sale or lease at the same time; during a 24-month period the owner does not sell two or more such units in which the owner was not residing; the owner does not retain a real estate broker; and the owner does not use a discriminatory practice in subsection 57-21-5(2). (2) A dwelling or temporary/permanent residence facility if the discrimination is by sex, sexual orientation, gender identity, or familial status for reasons of personal modesty or privacy or in furtherance of a religious institution's free exercise, and the facility is owned by or operated by a nonprofit or religious organization or affiliate. (3) The rental of a room in an owner-occupied single-family dwelling designed for four or fewer families, except the prohibition on discriminatory advertising still applies. (4) Religious organizations may limit occupancy to persons of the same religion in dwellings they own or operate for primarily noncommercial purposes. (5) Private clubs may limit lodging rentals to members on a noncommercial basis. (6) Distinctions based on inability to fulfill lease financial obligations are permitted. (7) Certain nonprofit educational institution housing arrangements. (8) Reasonable local, state, or federal restrictions on maximum occupancy. (9) Senior housing designated as housing for older persons under federal law is exempt from familial status provisions.
(1) It is a discriminatory housing practice to do any of the following because of a person's race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity: (a) refuse to sell or rent after a bona fide offer, refuse to negotiate, or otherwise deny or make unavailable a dwelling; (b) discriminate in the terms, conditions, or privileges of sale or rental or in providing facilities or services; or (c) represent that a dwelling is not available for inspection, sale, or rental when it is. (2) It is a discriminatory housing practice to make, print, circulate, publish, post, or cause to be made any notice, statement, or advertisement, or to use any application form, that directly or indirectly expresses any preference, limitation, or discrimination based on any protected characteristic. (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy, sell, or rent a dwelling by making a representation about the entry or prospective entry into the neighborhood of persons of a particular protected characteristic (blockbusting). (4) Discriminatory housing practices include: (a) refusing to permit reasonable modifications for a person with a disability at the disability person's expense (landlord may condition permission on reasonable restoration agreement); (b) refusing to make reasonable accommodations in rules, policies, practices, or services necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling; and (c) failure to design and construct covered multifamily dwellings (4+ units) for first occupancy after March 13, 1991 in an accessible manner. (5) This section applies to discriminatory practices based upon a person's association with another person of a protected class.
(1) An aggrieved person may file a written verified complaint with the Utah Labor Commission Division of Antidiscrimination and Labor within 180 days after the day on which an alleged discriminatory housing practice occurs. (2) The commission shall adopt rules consistent with 24 C.F.R. Sec. 115.3 governing the form of complaints and procedures. (3) During the period beginning with the filing of the complaint and ending with the director's determination, the division shall engage in conciliation to the extent feasible. (4) The division shall commence investigation and conciliation proceedings within 30 days after the complaint is filed. (5) The division shall complete investigation within 100 days after filing unless impracticable; shall notify parties in writing of reasons for any delay. (6) If investigation finds no reasonable cause, the director shall issue a written determination dismissing the complaint. (7) If investigation finds reasonable cause: (a) the division shall attempt conciliation between the parties; (b) if conciliation results in voluntary compliance, the parties shall execute a conciliation agreement enforceable in court; if conciliation fails, the director shall issue a written determination ordering appropriate relief under Section 57-21-11.
(1) If the director, presiding officer, or court finds reasonable cause to believe a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, or court may order: (a) the respondent to cease the discriminatory housing practice; (b) actual damages, reasonable attorney fees and costs to the aggrieved person; and (c) any permanent or temporary injunction, temporary restraining order, or other appropriate order. (2) In addition to relief to the aggrieved person, to vindicate the public interest, civil penalties may be assessed against the respondent in amounts not exceeding: (a) $10,000 for no prior adjudicated discriminatory housing practice; (b) $25,000 if one prior adjudicated practice within the five-year period ending on the filing date; or (c) $50,000 if two or more prior adjudicated practices within the seven-year period ending on the filing date.
(1) In addition to the administrative procedure under Section 57-21-9, a person aggrieved by a discriminatory housing practice may commence a private civil action in district court within two years after the alleged discriminatory housing practice occurred, after termination of the practice, or after a breach of a conciliation agreement. (2) The two-year period does not include time during which an administrative proceeding under this chapter was pending. (3) An aggrieved person may bring a private civil action even if a complaint has been filed with the division, in which case the division is barred from continuing the administrative proceeding. (4) In a private civil action, if the court finds a discriminatory housing practice occurred or is about to occur, the court may: (a) order the respondent to cease the practice; (b) award actual damages, punitive damages, and reasonable attorney fees; and (c) grant injunctive relief or civil penalties under Section 57-21-11.
An owner of a residential rental unit shall provide notice of an increase in the monthly rental amount at least 60 days before the date the rent increase takes effect, unless: (1) the renter agrees to a different notice period in writing (e.g., as specified in a written lease agreement); (2) the increase is in response to a change in maximum rent caps for a low-income tax credit community; or (3) the increase applies to housing subject to Section 8 of the Housing Act of 1937.
A municipality may not enact or enforce an ordinance, resolution, or other regulation that controls the rent charged for private residential rental property. This section does not apply to: residential property owned, financed, insured, or subsidized by a state or local agency; or housing subject to rent control as a condition of state or local financial assistance.
Amends Utah Code 57-22-4. Before accepting an application fee or any other payment from a prospective renter, the owner shall disclose in writing: (1) a good faith estimate of the rent amount and each fixed, non-rent expense that is part of the rental agreement; (2) the type of each use-based, non-rent expense that is part of the rental agreement; (3) the day on which the residential rental unit is scheduled to be available; (4) the criteria the owner will consider in determining the prospective renter's eligibility including criminal history, credit, income, employment, or rental history; and (5) the requirements and process for the prospective renter to recover money paid if the good-faith estimate differs from the actual rental agreement. Tenant remedy: if the actual rental agreement differs from the estimate or includes undisclosed use-based expenses, the prospective renter may make a written demand for return of all money paid within five business days of receiving the rental agreement, so long as the renter has not signed or taken possession. The owner must return all money within five business days of receiving the demand.
Amends Utah Code 57-17-3 and related provisions. (1) Electronic Returns: Landlords may return security deposits and prepaid rent electronically if the tenant provides consent to receive electronic delivery (i.e., by providing the owner or owner's agent a means of electronic delivery). (2) Post-Eviction Access to Essential Items: Tenants who have been evicted must be allowed to retrieve essential items including government-issued identification, prescription medications, and important documents within five business days after the eviction. Landlords may not prevent access to these essential items during the five-business-day period.
Amends Utah Code 57-22-2 and 57-22-4. An owner of a residential rental unit shall provide notice of an increase in the monthly rental amount at least 60 days before the date the rent increase takes effect, unless: (1) the renter agrees in writing to a different notice period; (2) the increase is in response to a change in maximum rent caps for a low-income tax credit community; or (3) the increase applies to housing subject to Section 8 of the Housing Act of 1937.
Amends Utah Code 57-22-5.1. Strengthens the prohibition against landlords restricting tenants from contacting public safety agencies. (1) An owner may not impose a restriction on a renter's ability to request assistance from a public safety agency. (2) An owner may not penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency. Also updated: definition of 'termination fee' for domestic violence lease terminations clarified as the equivalent of one month of rent under the rental agreement.
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 allow the resident a reasonable time after the renter's occupancy of the 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. Subsection (6) of Section 57-22-4.
Except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit. This requirement may be modified by the rental agreement. An owner who receives a maintenance or repair request from the renter may enter to address that specific request without additional notice. Emergency entry is not subject to the 24-hour notice requirement. Subsection (2) of Section 57-22-4.
An owner may not charge a renter a late fee that exceeds the greater of: (i) 10% of the rent agreed to in the rental agreement; or (ii) $75. An owner may not charge a fee, fine, assessment, interest, or other cost: in an amount greater than the amount agreed to in the rental agreement; or that is not included in the rental agreement, unless the rental agreement is on a month-to-month basis and the owner provides the renter a 15-day notice of the charge. Subsection (5) of Section 57-22-4.
Utah has no statutory cap on the amount a landlord may charge for a security deposit. Landlords may charge as much as the market will bear. There is no requirement to hold the deposit in a separate or escrow account. Non-refundable fees or deposits must be designated in writing as non-refundable at the time they are collected (Section 57-17-2). The deposit must be returned with itemized deductions within 30 days of the tenant's vacate and return of possession (Section 57-17-3).
Utah Code Title 57, Chapter 16 (Mobile Home Residency Rights Act) provides separate landlord-tenant protections applicable to mobile home park residents. Key provisions include: 90-day written notice before termination of a mobile home space tenancy (Section 57-16-4); specific grounds required for termination including nonpayment of rent (5-day cure), lease violations (10-day cure), and change of land use (180-day notice); and prohibition on unreasonable rules. Mobile home owners renting space in a mobile home park are subject to Chapter 16, not Chapter 22 (Fit Premises Act). Chapter 22 expressly excludes mobile home lots from the definition of 'residential rental unit.'
Utah law requires rental agreements to be in writing for leases longer than 12 months. Written agreements are strongly recommended for all tenancies regardless of duration. A written rental agreement must include: the name and address of the owner or authorized manager (Section 57-22-4(7)); the terms and conditions of occupancy; and any rules and regulations applicable to the unit (Section 57-22-4(7)). Both oral and written rental agreements are legally valid for tenancies of 12 months or less. Month-to-month tenancy is the default when no definite term is established. There are no additional required lease clauses beyond the disclosure requirements in Section 57-22-4.
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