Lease agreements can vary depending on the type of tenancy. For instance, a fixed-term Utah lease agreement with set beginning and end dates offers landlords and tenants a set-in-stone contract length, whereas a month-to-month Utah lease agreement offers more flexibility.
A month-to-month lease agreement, also known as a “rental contract,” must be extended (by paying rent) or terminated (with proper notice) each month. Month-to-month renters are often called “tenants at will” because they can choose to renew or terminate their lease at any time.
In this article, we’ll discuss Utah month-to-month lease agreements, the laws that regulate them, and essential considerations like required disclosures, rent payment laws, security deposit regulations, and more.
Utah Month-to-Month Lease Agreement
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Utah Lease Agreement
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Utah Month-to-Month Lease Laws
Being a Utah landlord comes with various responsibilities, as outlined in Utah’s landlord-tenant laws. Understanding these laws is crucial for navigating certain aspects of month-to-month rental contracts, such as:
- Disclosures
- Notice to terminate
- Rent increases
- Eviction
- Security deposit laws
- Rent limitations
- Late fees
Required Landlord Disclosures (4)
- Lead-based paint: Federal law requires landlords of properties constructed before 1978 to inform tenants of any known lead-based paint or related hazards before a lease is signed.
- Methamphetamine: In Utah, landlords must disclose to tenants if they are aware of any prior methamphetamine use, production, or storage on the property. Additionally, Utah requires notification of methamphetamine contamination to authorities (UC § 57-27-201).
- Move-in checklist: Utah landlords must provide a written inventory detailing the rental unit’s condition before a tenant moves in. Tenants must also be allowed to inspect the unit during a walkthrough to document any discrepancies or undisclosed issues (UC § 57-22-4(6)(a)).
- Landlord’s name and address: Landlords in Utah are required to provide tenants with the name, address, and contact information of either the property owner or an authorized property manager (UC § 57-22-4(7)(a)).
Required Notice to Terminate Month-to-Month Agreement
While most states require landlords and tenants to give a minimum of 30 days’ notice when terminating a month-to-month lease agreement, Utah laws differ.
Required notice for landlord: The Utah State Legislature requires that landlords give tenants a minimum of 15 days’ notice before terminating a month-to-month tenancy (UC § 78B-6-802).
Required notice for tenant: The Utah State Legislature does not specify the required notice a tenant must give their landlord when terminating a month-to-month tenancy.
Rent Increase Laws
No rent control laws in Utah restrict how much a landlord can raise rent.
Utah landlords must give tenants at least 15 days’ written notice before increasing the rent on a month-to-month lease.
Rent Payment Laws
Grace period: Utah law doesn’t specify a mandatory grace period for late rent payments.
Late rent fees: Utah landlords can charge tenants a one-time, non-accumulating late rent fee, but it cannot exceed $75 or 10% of the monthly rent, whichever is greater. For a late rent fee to be legally enforceable, it must be clearly outlined within the lease agreement (UC § 57-22-4(5)(a)).
Tenant’s right to withhold rent: Utah law allows tenants to withhold rent for repairs if a rental property becomes dangerous or uninhabitable. In such cases, the tenant must request repairs from the landlord. If the landlord fails to respond or take action to address the issue within 24 hours, the tenant may then use up to 2 months of future rent to pay for necessary repairs that bring the unit back to habitable standards (UC § 57-22-6(4)(a-b)).
Pet rent laws: No laws in Utah regulate pet rent or deposits. Landlords are free to charge as they see fit, though the rental agreement must list the charges. Tenants with qualified service animals or emotional support animals are not subject to pet rent.
Security Deposit Rules
Utah law (UC § 57-17-2) outlines specific reasons why a landlord can deduct money from a tenant’s security deposit:
- Unpaid rent: Any outstanding rent owed after the tenant moves out
- Cleaning expenses: Costs associated with cleaning a rental unit if the tenant fails to properly clean it before moving out
- Damage beyond normal wear and tear: Repair costs for any damage caused by the tenant that goes beyond expected wear and tear
- Financial losses from lease violations: If the tenant breaches the lease agreement and causes financial losses for the landlord, the security deposit can reimburse those costs.
Maximum security deposit: No laws in Utah restrict how much landlords can charge tenants for a security deposit.
Deduction tracking: When drawing from a security deposit, Utah landlords must provide tenants with a written statement itemizing each deduction, clearly explaining the reason for each expense.
Returning a tenant’s security deposit: Utah landlords must return security deposits to tenants within 30 days of the tenancy’s termination or 15 days after receiving the tenant’s forwarding address, whichever comes later (UC § 57-17-3(2)).
Failure to return security deposit on time: If a Utah landlord fails to comply with the security deposit return requirements above, they may be required to refund the entire security deposit to the tenant and pay them an additional $100 (UC § 57-17-2).
Property Access Regulations
Advance notice: Utah law requires landlords to give tenants at least 24 hours’ notice before entering a rental property, though landlords can specify different entry terms within the lease agreement (UC § 57-22-4(2)).
Immediate access: While Utah law doesn’t address immediate access by landlords, it’s generally accepted that they can enter a rental unit without prior notice during emergencies.
Landlord harassment: Landlords who repeatedly enter a tenant’s property without proper notice could be engaging in landlord harassment, which could allow tenants to seek legal action or terminate their lease agreement early without penalty.
Rental Agreement Violations
Missed rent payment: In Utah, landlords have the right to issue a 3-day Notice to Pay or Quit if a tenant misses a rent payment. This notice gives the tenant 3 business days to either pay the outstanding rent or vacate the rental property (UC § 78B-6-802(1)(c)).
Lease violation: Utah landlords can issue tenants a 3-calendar-day Notice to Cure or Quit for standard lease violations. For severe or illegal violations, such as criminal activity, landlords can issue a 3-calendar-day Notice to Quit. This notice does not give the tenant the option to cure the violation and requires them to vacate the premises within 3 calendar days (UC § 78B-6-802(h)), (UC § 78B-6-802(d-g)).
Self-help evictions: Utah landlords cannot attempt to remove tenants from a property by changing locks, shutting off utilities, or removing belongings. These actions are considered a self-help eviction, which is illegal and punishable by law.
Lease abandonment: Utah tenants who break their lease without a justifiable reason can be held liable for unpaid rent for the remainder of their lease term. Utah law requires landlords to make reasonable efforts to find a new tenant to mitigate an ex-tenant’s financial losses. Once the landlord finds a replacement tenant, the ex-tenant who broke the lease is only liable for rent when the unit was vacant (UC § 78B-6-816).
Utah Month-to-Month Lease Agreement FAQs
What is a Utah month-to-month lease agreement?
A Utah month-to-month lease agreement is a rental contract that continues on an indefinite monthly basis. It automatically renews each month after rent is paid until the landlord or tenant provides proper notice to terminate the contract.
What’s the difference between a fixed-term lease and a month-to-month agreement?
A fixed-term lease has set beginning and end dates, whereas a month-to-month agreement continues until either the landlord or tenant decides to terminate it.
How do you end a Utah month-to-month lease agreement?
To end a month-to-month lease in Utah, tenants must provide advance notice (Utah Code specifies no specific minimum advance notice), fulfill their lease obligations (pay rent, clean the unit), and return the keys to the landlord by the end of their rental period.
The landlord must return the tenant’s security deposit within 30 days of the tenancy’s termination or 15 days after receiving the forwarding address, whichever comes later. They must also provide an itemized statement of any deductions.
