Introduction
Utah can be a great place for your next investment, but you must be clear about the landlord tenant laws that the state enforces. Below are a few of the laws established by the state of Utah for landlords. It’s a good idea to use this guide as a starting point for your further independent research.
Required Disclosures
Understanding Utah’s required disclosures is one step to ensuring that you’re legally compliant as a landlord. Here are a few of the disclosures you must post or include in your rental agreement.
- Landlords must disclose the name, address, and telephone number of anyone authorized to manage the rental unit or act on behalf of the owner.
- Landlords also should provide a move-in and move-out checklist. Move-in checklists should have a written inventory of the rental’s current condition along with any existing damages. The move-out checklist should document new damages beyond normal wear and tear. Renters are entitled to complete a walkthrough inspection and should have a reasonable amount of time to document damages and return the form.
- Tenants have a right to know about any nonrefundable fees they pay. If they are required to pay any nonrefundable fees, the landlord must disclose that information in writing when they accept the security deposit.
- Utah landlords must also disclose which criteria they use when determining the eligibility of prospective tenants, including information related to their criminal, credit, income, employment, or rental history.
- If the landlord is aware that the unit was used to store, manufacture, or distribute methamphetamines, the landlord must tell prospective tenants prior to them signing a rental agreement. Any contamination must also be reported to the government agency that is responsible for decontamination efforts and documentation.
Be sure to provide renters with a copy of your written rental agreement that includes all the above disclosures, as well as a copy of any additional rules and regulations that apply to their rental unit.
Rent and Fees
In Utah, there is no statute specifying rental due dates, and rental application fees are not regulated. There is no mandatory grace period either, so landlords are free to charge late fees as soon as rent is officially late. The late fee limit in Utah is either $75 or 10% of the tenant’s monthly rent payment, whichever is greater. Additionally, the average late rent fee policy in Utah limits fees to one-time only, as accumulative late fees are rarely held up in Utah courts.
Tenants also have remedies related to rent in case of landlord noncompliance. If a landlord does not take action towards correcting dangerous conditions in a tenant’s space within 24 hours of receiving notice of the issue, the tenant can arrange for the repair themselves and then deduct the cost from future rent if it is below the price of two months’ rent. Be aware, though, that the renter must not have any other lease violations and must provide copies of all receipts to the landlord within five days of the beginning of the following rental period.
Evictions
Eviction laws in Utah specify that if a tenant owes their landlord rent, the landlord can send a rent demand notice and must allow three business days for the tenant to either pay or vacate the property.
For lease violations, landlords must give tenants three calendar days to cure their noncompliance or quit the property.
If the tenant sublets the property against lease terms, permits or commits waste on the premises, sets up unlawful business on the premises, allows nuisance, or commits a criminal act on the property, the landlord can serve them an unconditional notice to quit. In this circumstance, the tenant has three calendar days to quit the property, and the landlord does not need to allow time for the tenant to remedy the issue.
Security Deposits
Utah rental rights have rules regarding the ways landlords must collect, keep, and return their tenant’s security deposits.
There is no limit on what landlords can charge for a security deposit, and landlords are not required to pay interest on the amount, nor are they required to keep them in a separate bank account.
However, there are rules about returning and withholding deposits in Utah. Utah landlords must return the deposit amount within 30 days after a lease terminates. However, if they withhold funds from the deposit amount for unpaid bills or damages beyond normal wear and tear, landlords must provide a written statement itemizing withholdings from the deposit when they return the remainder of the amount.
Conclusion
It’s important that you know your Utah landlord tenant rights. These legal guidelines exist to make sure both you and your renters are clear about what is expected of you and your positions. Uphold these responsibilities and be open and responsive if your tenants have questions. When in doubt, consult an attorney to be sure that you’re following all laws responsibly.
