Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Utah, residential lease documents—including their structure, nature, and contents—are regulated by Utah landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a lease agreement Utah considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Utah lease template for download!
A Utah lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to Utah’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Utah residential lease agreement. (Note that different provisions may apply to a Utah commercial lease agreement.)
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the Utah rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Utah, rent control is banned—no cities or counties can pass a law that regulates or restricts the price of rent (US § 57-20-1). This means landlords can choose their own rental rates based on the current market.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In Utah, although there is no mandatory grace period for rent, the state does limit late fees to $75 or 10% of monthly rent, whichever is greater (US § 57-22-4(5)(a)). This means that while landlords can charge late fees immediately after rent is late, the fee cannot be more than the above limits. Be sure your late fee policy is clearly described in your Utah rental agreement so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
In Utah, there is no maximum or limit for security deposits. However, Utah does have a law regulating when security deposits must be returned. In Utah, landlords must return security deposits to tenants (minus any deductions) within 30 days after the lease terminates.
Every Utah rental lease agreement should clearly describe the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. These disclosures must be included in a lease agreement Utah considers compliant, or else provided to the tenant in a separate written notice.
In Utah, the required disclosures are:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
- Landlord/agent identification – Landlords in Utah must disclose the name, address, and phone number of the owner and/or authorized agent.
- Move-in/move-out checklist – Utah landlords must provide renters with an inventory of the rental unit’s condition.
- Nonrefundable fees – If a Utah landlord charges nonrefundable fees, they must be disclosed in writing to the tenant when the security deposit is collected.
- Methamphetamine contamination – If a Utah landlord knows that a unit is contaminated by methamphetamine, they must disclose this to tenants before the lease is signed.
Landlord Right to Entry
In Utah, there are specific laws governing when a landlord can enter a rental property. Landlords must provide at least 24 hours’ notice when entering an occupied unit for a non-emergency reason, unless otherwise specified in the lease agreement (US § 57-22-4(2)). Be sure to include the landlord’s right of entry in your Utah lease agreements.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. All Utah rental agreements should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A Utah residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Utah, landlords must send eviction notices of specified lengths: A three-day notice to pay or quit for nonpayment, a three-day notice to cure or quit for lease violations, or a three-day unconditional notice to quit for severe violations or illegal activity. These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the lease either on paper or electronically, ensuring a secure and convenient process.
Utah Lease Agreement Form Download
To make your leasing journey simpler, we offer a free, downloadable Utah lease agreement form. This template is tailored to meet the specific requirements of Utah state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a Utah residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a Utah lease. To get started on the right foot, download our free Utah lease agreement form and ensure a transparent, lawful, and satisfying rental experience.
