Utah Law, also known as Utah Code Tit. 57 Ch. 16, grants both the landlord and tenant certain rights and responsibilities to uphold.
These rights and responsibilities exist regardless of a written rental agreement that states otherwise. If you are a landlord, it’s crucial that you understand the Utah landlord-tenant laws.
Thankfully the team here at Keyrenter St. George has put together this overview to get you started!
Required Landlord Disclosures in Utah
Utah landlords must disclose certain information to tenants. The following are the disclosures:
- Prospective Tenant’s Disclosure: This disclosure is applicable to all prospective renters in Utah. Before accepting a rental application, a landlord must provide all prospective tenants with the following information:
- Itemized inventory checklist of the property’s condition. Ordinary wear and tear don’t need to be included.
- Provide the potential renter a move-in checklist or form so they can document the property’s condition. This should be completed within a reasonable timeframe after the tenants have moved-in or let them go through a walkthrough inspection.
- Estimate of the rent amount and other fixed, non-rent expenses that are included in the lease agreement.
- Any use-based, non-rent expense that is included in the lease agreement.
- Date when the rental property is going to be available for move-in.
- Application standards or criteria that potential tenants need to meet. This includes, but may not be limited to, source and/or proof of income, employment information, rental and criminal history.
- Process and requirements for the potential renter to recover money through written rent demand.
- Landlord’s Name/Address: This disclosure aims to open the lines of communication between the landlord and tenant. Landlords or any authorized representative to act on behalf of the property owner must give the tenants their contact information such as telephone number and address within or together with the lease. This should be provided on or before the beginning of the lease.
- Methamphetamine Contamination: If the landlord knows that the rental property is related to the use, storage, or manufacturing of methamphetamine, this disclosure is legally required in a lease agreement. Only known information has to be disclosed and the contaminated property may not be safe enough to be rented out.
- Lead Paint: This disclosure is required in a lease agreement if the rental property is built before 1978. Under the US federal law, any home built before 1978 must communicate the risks when exposed to lead-based paints.
Utah Tenant Rights and Responsibilities
The following are the basic tenant’s rights in Utah. Your tenant has a right to:
- A habitable living space.
- Seek housing without facing any discrimination as outlined in the Fair Housing Act
- Withhold rent or make repairs and deduct the cost from rent if the landlord failed to address repair requests within a reasonable timeframe.
The following are the basic tenant responsibilities in the state of Utah. A tenant must:
- Pay rent regularly and on time.
- Provide 15 days’ notice to terminate a lease with no end date and/or a month-to-month lease.
- Make minor repairs and maintenance.
- Keep the unit safe, clean, and in a livable condition.
- Abide by the smoking rules and other terms and conditions included in the rental agreement.
- Use all appliances and facilities in a reasonable manner.
- Clean and sanitize fixtures.
- Adhere with all building and housing codes that affect health and safety.
- Keep all smoke detectors and carbon monoxide detection devices in good working order.
- Respect other tenants or neighbors’ privacy and peace.
- Take care of the premises and avoid damage due to carelessness and negligence.
- Allow the owner or landlord reasonable access or conduct necessary repairs to the rental space.
Utah Landlord Rights and Responsibilities
The following are the basic landlord rights in the state of Utah:
- Tenants must provide 15 days’ notice to terminate a lease with no end date and/or a month-to month lease
- Renters must abide by all terms of the signed lease.
- Renters should request repairs in a timely manner.
The following are the basic landlord responsibilities in the state of Utah. Landlords must:
- Provide a safe and sanitary home
- Correct issues that pose danger to the tenants within 24 hours
- Address a habitability requirement within 3 days
- Fix or improve within 10 days any issues relating to other requirements as highlighted in the lease agreement
An Overview of the Landlord-Tenant Laws in Utah
Tenant Privacy and Utah Landlord’s Right to Enter the Rental Property
Tenants have the right to privacy. Under Utah law, landlords must provide tenants at least 24 hours’ notice before entering the rental home. This notice requirement, however, does not apply during emergencies that may affect the well-being or safety of the tenant.
Utah’s Housing Discrimination Laws
The Fair Housing Act prohibits housing discrimination based on the following protected groups:
- National origin
- Familial status
Refusing to rent to a tenant that belongs to any of the protected groups is an example of discrimination that may cause legal consequences.
In Utah, there is no standard limit or specified maximum amount of security deposit. The landlord has 30 days to refund the security deposit. If not returned on time or the security deposit is wrongfully withheld, the landlord may be liable to pay the full amount of the deposit plus $100 civil penalty and associated court costs and damages.
On the other hand, the landlord may deduct any unpaid rent or utility bills from the security deposit. They may also deduct damages if they exceed normal wear and tear.
Small Claims Lawsuits in Utah
Utah small claims court will accept rent-related cases amounting to $10,000 or less. Small claims court cannot usually be used for eviction cases. Whether written or verbal, the statute of limitations on all contracts in Utah is 6 years.
Understanding these laws is crucial to your success as a landlord, and you will want to make sure that you and your tenant are always up to date with them.
However, knowing all of the nuances can be tricky, even for experienced landlords. If you have specific questions you can seek help from the experts Keyrenter St. George property management. Contact us today!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content or any other aspect of your property management needs.