Utah Landlord-Tenant Law: Overview of Rights 2025

Aerial view of Salt Lake City, Utah
Last updated iconLast updated December 9th, 2024

Understanding Utah landlord-tenant law is critical for everyone involved. Current knowledge of relevant laws ensures fair practices, protects landlord and tenant rights, and prevents potential legal disputes between parties.

This guide will help you learn essential information about Utah landlord-tenant law, including how to screen tenants properly, create compliant lease agreements, handle security deposits, manage maintenance requests, navigate eviction proceedings, and more.

Stay tuned to educate yourself in these key areas, understand your rights and responsibilities, and work towards a seamless landlord-tenant relationship.

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Best Practices for Screening Prospective Tenants

Utah landlords can assess a rental application fee and charge tenants as much as they see fit. They are also allowed to screen tenants for their criminal and credit history, though they must obtain written permission first.

Throughout the screening process, landlords must ensure that they abide by federal fair housing laws, which prevent discrimination against potential or existing tenants.

Landlords should consider using TurboTenant’s tenant screening features to ensure discrimination-free screening practices. With the right tools, you can apply the same screening criteria across your entire pool of applicants, steering you clear of potential discrimination suits while selecting the best tenants for your investment property.

Compliance with Fair Housing Laws in Utah

The Fair Housing Act, which is federal legislation that applies to all 50 states, aims to discourage landlords from discriminatory practices when selecting tenants for their properties.

What actions are considered housing discrimination?

Landlords are legally obligated to provide equal housing opportunities to all individuals, regardless of race, color, sex, religion, national origin, disability, or familial status. They cannot discriminate against potential tenants by refusing to rent, sell, or negotiate housing terms based on these protected characteristics.

How can discrimination be avoided in rental practices?

Landlords who aim to enact legal rental practices should set clear and direct protocols to ensure they do not violate fair housing laws.

Here are a few ways landlords can ensure non-discriminatory practices:

  • Brush up on the Fair Housing Act: Understand protected classes and how to avoid discriminating against them.
  • Issue all applicants identical rental applications: Handing out different applications to different applicants could be considered discrimination.
  • Train your team members: If you have a tenant selection team, educate them on best practices for screening applicants, processing applications, and selecting tenants.

What are the repercussions for fair housing violations?

Property managers found to violate fair housing laws could face legal and financial consequences. They include:

  • Court injunctions to halt discriminatory housing practices
  • Monetary damages paid to victims for financial losses and emotional distress
  • Civil penalties to discourage future discriminatory behavior
  • Criminal charges and potential imprisonment

If you have experienced housing discrimination from a landlord, contact an attorney or file a formal complaint with the U.S. Department of Housing and Urban Development (HUD) or the Utah Antidiscrimination and Labor Division.

Utah Lease Agreements

Watermarked sample of a TurboTenant Utah residential lease agreement

Utah property owners are not required by law to use written Utah lease agreements with renters, although doing so can go a long way toward protecting the rights of both landlords and tenants.

Most written rental contracts will fall into one of two categories:

  • Fixed-term: Rental agreements with fixed start and end dates
  • Month-to-month: Rental contracts that operate on a month-to-month basis

Which lease terms are legally required in Utah?

Utah legislation doesn’t mandate that landlords include specific information within rental contracts. However, the following terms are standard:

  • Names and contact information of landlord(s) and tenant(s)
  • Address of the rental unit
  • Length of lease agreement
  • Rent amount and due dates
  • Security deposit terms
  • Utah landlord disclosures
  • Maintenance requests and repair procedures
  • Renter rights and responsibilities
  • Landlord rights and responsibilities

What constitutes legal renting in Utah?

Both landlords and tenants must meet specific standards to maintain “legal renting” status. Here are a few legal obligations for landlords and tenants in Utah:

Landlord Responsibilities

  • Abide by federal fair housing laws when selecting or renewing tenants. Landlords cannot discriminate against tenants based on specific protected characteristics. 
  • Maintain habitable rental units for tenants. If a rental unit becomes unlivable, landlords must perform repairs to bring it back to habitable standards.
  • Provide 24 hours’ notice before entering the rental unit. Doing so will help prevent potential privacy violations and perceived landlord harassment.
  • Return security deposits to tenants within 30 days of the end of a tenancy. Landlords must itemize deductions and can’t keep security deposits longer than 30 days.

Tenant Responsibilities

  • Make on-time rent payments to the landlord as outlined in the rental contract. There is no grace period for late rent in Utah.
  • Maintain the rental unit by keeping it clean and refraining from damage beyond normal wear and tear.
  • Abide by the rental contract they signed. Breaching the contract could lead to penalties, fees, or eviction proceedings from the landlord.

What tenant documentation is required?

Utah landlords aren’t required to collect specific documentation from tenants, although asking for certain information is common. Here are the types of documentation that landlords typically ask of tenants within a rental application:

  • Government-issued ID like a driver’s license or passport
  • Proof of income like recent pay stubs, bank statements, or tax returns
  • Credit report to analyze an applicant’s financial health
  • Background check to assess an applicant’s criminal history
  • Rental references from past landlords

Landlords should consider requiring the above documentation from all prospective renters to screen them as thoroughly as possible.

What are the mandatory landlord disclosures in Utah?

Before entering a rental contract, landlords must disclose one federally required disclosure and a few state-specific disclosures to their tenants. Here they are:

  1. Lead-Based Paint: Landlords of properties built before 1978 must disclose to tenants any known information about lead-based paint hazards. This disclosure is federally mandated.
  2. Methamphetamine: Landlords must disclose any known history of methamphetamine use, manufacturing, or storage on the property and notify state authorities of the contamination (UC § 57-27-201).
  3. Move-in Checklist: Landlords must provide tenants with a document detailing the unit’s condition at move-in. Tenants should also be allowed to conduct a walkthrough to search for any undisclosed issues (UC § 57-22-4(6)(a)).
  4. Landlord’s Name and Address: Landlords must provide tenants with the owner’s or authorized property manager’s name, address, and contact information (UC § 57-22-4(7)(a)).

Security Deposits in Utah

Security deposits are non-rent payments made from tenants to landlords upon lease signing. They provide property owners with financial protection against potential property damage, unpaid rent and fees, and other lease violations. Utah landlords are not required to collect security deposits, though we highly recommend it.

What are the guidelines for security deposit collection?

No laws regulate how much a Utah landlord can charge a security deposit.

When can deductions be made from security deposits?

Landlords in Utah are allowed to deduct money from a tenant’s security deposit for the following reasons (UC § 57-17-2):

  • Unpaid rent that the tenant owes the landlord after move-out
  • Cleaning costs if the tenant fails to clean the rental unit before moving out
  • Tenant-caused damage beyond normal wear and tear
  • Breach of lease resulting in a landlord’s financial losses

Utah landlords must provide tenants with a written itemized statement outlining all security deposit deductions.

How should security deposits be returned?

Utah Landlords must return security deposits to tenants within 30 days of the end of tenancy or within 15 days of receiving a tenant’s forwarding address, whichever comes later.

If landlords fail to comply with the security deposit requirements outlined above, they must refund the entire security deposit to the tenant plus an extra $100 (UC § 57-17-2).

Maintenance Responsibilities of Landlords

Under Utah law, landlords must always provide and maintain habitable rental units.

What are the legal standards for property conditions?

For a property to be considered habitable, it must meet the following standards:

  • Have functioning systems like plumbing and electrical
  • Provide adequate heating and cooling to maintain reasonable temperatures
  • Be free of pest infestations that affect a property’s livability
  • Be structurally sound and compliant with local codes
  • Be clean, safe, and free from health hazards that affect habitability

What is the proper protocol for repairs?

If a rental property becomes uninhabitable, the tenant has the right to request and receive timely repairs from the landlord to remedy the issue.

Tenants should notify their landlords when they notice an issue (preferably in writing) and keep clear records of the communication process. After notifying their landlords, tenants should also document the issue in detail through photos, videos, and notes.

Upon receiving a repair request, landlords should promptly address this issue and restore habitability to the rental unit. If a landlord fails to do so within a reasonable timeframe, tenants can withhold rent payments, repair and deduct, and might have cause to void the lease before its end date without consequence.

For more information on the landlord-tenant repair process in Utah, read Utah’s Fit Premises Act.

Do landlords need to give tenants advance notice before accessing a rental property?

Unless otherwise specified in the lease, landlords must provide tenants with at least 24 hours’ advance notice before they enter a rental property (UC § 57-22-4).

Entry without at least 24 hours’ notice could be considered a privacy violation or landlord harassment. It also constitutes a breach of habitability that could allow tenants to terminate their lease prematurely without legal recourse.

Note: Utah Code does not address a landlord’s right to enter a rental unit without prior notice during emergencies. Utah property owners should include a provision in their lease agreement if they wish to access a property urgently during emergent situations.

Late Rent Fee Regulations

Utah tenants must pay rent to their landlords by the due date outlined in their lease, or else they could be subject to paying a late fee. There is no grace period for late rent in Utah.

Landlords can charge tenants a late fee of up to 10% of the monthly rent payment or $75, whichever is greater. They must also give month-to-month tenants 15 days’ notice before assessing a late fee.

Late fee policies must be specified in written lease agreements to be considered enforceable.

Rent Control in Utah

No rent control laws in the Utah Code regulate how much property owners can charge tenants for rent. Landlords are free to set rent prices as they see fit and can raise rent without restrictions between rental contracts.

Lease Renewal and Termination

Utah landlords are not obligated to offer lease renewals to tenants with expiring contracts. However, they cannot refuse to offer a renewal based on any protected characteristics outlined in the federal Fair Housing Act.

Property managers choosing not to renew a tenant’s fixed-term lease should give the tenant reasonable notice, typically at least 30 days or as specified in the lease agreement. Similarly, Utah tenants should inform the landlord within the same timeframe if they don’t intend to renew the fixed-term lease.

Tenants and landlords in month-to-month leases should give the other party at least 15 days’ notice if they wish to terminate the lease agreement (UC § 78B-6-802).

Utah tenants can break a lease early without facing legal consequences under certain circumstances. These include:

  • The tenant is called to active duty military (SCRA).
  • The unit is uninhabitable, and the landlord refuses to restore it (UC § 57-22-6).
  • The tenant is a victim of domestic violence (UC § 57-22-5.1).
  • The landlord harasses the tenant or commits privacy violations (UC § 57-22-4(2)).

If a landlord wishes to terminate a tenant’s lease agreement prematurely, they must follow eviction procedures to nullify the rental contract.

Eviction Procedures for Utah Landlords

Landlords must understand Utah’s eviction process when attempting to remove an unwanted tenant. Self-help evicting a tenant without following state protocols is illegal and could result in legal recourse from the tenant against the landlord.

What justifications exist for eviction?

In Utah, landlords must have a valid reason for pursuing eviction against a tenant.

Valid reasons include:

  • Non-payment of rent
  • A breach of the lease agreement
  • Engaging in illegal activity on the premises
  • The tenant stays in the rental unit beyond the end date of their lease (holdover tenant)

What is the eviction process?

If a Utah tenant gives the landlord a valid reason for eviction, the landlord must follow state protocols to remove them.

  • The landlord issues the tenant a 3-day notice to pay rent, comply with the lease, or vacate the property. If the tenant is a “tenant at will,” the landlord must give them a 5-day notice.
  • In some cases, the tenant can cure the issue, meaning the landlord will not pursue eviction if the tenant pays rent, remedies a lease violation, etc.
  • The landlord files an eviction lawsuit with the local courts after the notice expires if the tenant does not remedy the request or if the eviction issue is not curable.
  • After the eviction lawsuit is processed, the tenant is served a court summons. They will be issued a date and time to appear in court and a copy of the lawsuit.
  • The landlord and tenant present their cases to a judge who decides whether to grant or deny eviction.
  • If the judge rules to grant eviction, they’ll issue an Order of Restitution to the landlord, informing the tenant that they have 3 days to leave the premises.
  • The landlord files the Order of Restitution with the courts and officially serves it to the tenant. The order provides a specific date for the tenant to vacate the rental unit.
  • If the tenant doesn’t comply with the Order of Restitution by the given date, law enforcement can remove them on behalf of the landlord.

Here is a helpful Road Map of the Eviction Process provided by the Utah State Courts.

Legal Note: Both landlords and tenants involved in eviction proceedings should keep detailed records of all relevant occurrences and consider hiring legal help.

How is property reclaimed after eviction?

After eviction, the tenant has 5 days to re-enter the property and retrieve their belongings from the premises. After 5 days, the landlord can begin charging the tenant storage fees for holding their belongings.

If the tenant doesn’t pay storage fees and retrieve their property within 15 days, the property will be considered abandoned. At this point, the landlord can sell, donate, or do as they see fit with it (UC § 78B-6-812).

Local Ordinances for Landlords and Tenants

You can find Utah’s official landlord-tenant legislation online within the Utah Code on the Utah State Legislature website.

Local ordinances in Utah can vary between cities, counties, and other municipalities. To access specific local regulations, consult the relevant city or county’s ordinances. Municode is a reliable resource for accessing up-to-date local Utah ordinances.

Federal Landlord-Tenant Laws

Certain federal legislation and organizations apply consistent landlord-tenant laws across all 50 states. Some of these include:

  • Fair Housing Act: Prohibits discrimination in housing based on race, color, religion, and other protected characteristics
  • Americans with Disabilities Act (ADA): Mandates that landlords make reasonable accommodations for tenants with disabilities
  • US Department of Housing and Urban Development (HUD): Enforces fair housing laws, including the Fair Housing Act and the Americans with Disabilities Act

No local Utah law or ordinance can supersede these federal regulations.

Managing Tenant Legal Disputes as a Utah Landlord

Legal disputes between landlords and tenants can be complex and time-consuming. Seeking legal advice could help both parties navigate the process more effectively.

Here are a few legal resources for Utah landlords and tenants:

  • Utah State Courts: Official government resources to help navigate the legal process, including information on court procedures, forms, and free and low-cost legal assistance.
  • Utah Legal Services: Provides legal assistance to low-income individuals facing eviction or other housing-related issues.
  • Utah Housing Coalition: Valuable collection of information and resources on landlord-tenant laws, rights and responsibilities, and mediation services.
  • Utah Community Action: Offers low-income individuals and families various housing services, including legal aid and mediation.

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FAQs on Landlord-Tenant Laws in Utah

What are landlords required to provide by law?

Utah landlords are obligated to provide the following to their tenants:

  • Livable units that are fit for human habitation
  • Timely repairs to keep units habitable
  • At least 24 hours’ advance notice before entry into the rental unit
  • Security deposit return, minus itemized deductions, within 30 days of the tenancy’s end

What maintenance rights do tenants have?

Utah tenants have the right to live in a safe, clean, and habitable unit. If an essential system, service, or appliance (plumbing, electrical, etc.) isn’t functioning correctly, the landlord must repair it and bring the rental unit back to livable standards.

Tenants should notify landlords in writing with a detailed description of the issue and give them a timeline for the repairs. They should also document the issue, record all communications with the landlord, and consider legal action if the landlord fails to perform the repairs promptly.

How should utilities be handled in rental agreements?

The rental agreement between landlords and tenants should outline the responsibility to pay utilities. Each situation is different, so landlords must assess what makes sense for their particular situation.

What are the eviction rules for tenants without a lease?

Utah landlords can issue a 5-day notice to vacate to a tenant without a lease (a tenant at will) for any reason. If the tenant doesn’t vacate the property by the date posted on the notice, the landlord must file an eviction lawsuit with the courts and follow the eviction proceedings discussed earlier in this article.

How are guests and tenants legally differentiated?

Tenants pay landlords for the right to stay at a property through rent payments or other compensation; guests do not.

Tenants intend to establish residency at a property and stay for an extended period; guests do not.

Tenants have rights (the right to live in a habitable unit, timely repairs, etc.) and responsibilities (the obligation to pay rent on time, take care of the rental unit, etc.) given to them by Utah state law; guests do not.