Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlords must disclose in writing the name, address, and telephone number of the owner or any person authorized to manage the rental unit and/or act on behalf of the owner for the purposes of receiving notices.
Utah landlords must provide their renters with a copy of the written rental agreement as well as a copy of any rules and regulations applicable to the rental unit.
Before entering into a rental agreement, the landlord must provide prospective renters with a written inventory of the rental unit’s condition, excluding ordinary wear and tear. They must also allow renters to conduct a walkthrough inspection or a form to document damages and allow them a reasonable time to complete and return it.
According to Utah rental rights, tenants have a right to know about any nonrefundable fees. If a Utah landlord charges any nonrefundable fees during the application process or tenancy, these must be disclosed in writing to the tenant when the security deposit is taken.
Before accepting any rental application fee, Utah landlords must disclose the criteria they will use to determine prospective tenants’ eligibility, including criteria related to criminal history, credit, income, employment, or rental history.
If the landlord knows that a unit is contaminated by the use, storage, or manufacture of methamphetamines, the landlord must disclose this to tenants before entering a rental agreement. The contamination must be reported to a government agency responsible for monitoring the decontamination process and documenting the test results.
Rent and Fees
Rent Due Date: There is no statute in Utah specifying when rent should be due.
Application Fees: Rental application fees are not regulated in Utah.
Rent Increases: Rent control is banned in Utah (US § 57-20-1).
Late Fees: $75 or10% of monthly rent, whichever is greater (US § 57-22-4(5)(a)). The average rent late fee structure in Utah tends to be a one-time fee, as late fees that accumulate daily are not upheld in Utah courts.
Grace Period: There is no mandatory grace period in Utah.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $20 (US § 7-15-2(2)).
Withholding Rent/Repair and Deduct: If the landlord fails to take substantial action toward correcting a dangerous or deficient condition within 24 hours after receiving notice, the tenant may choose to arrange for the condition to be remedied and deduct the cost (up to two months’ rent) from future rent. However, the renter must be fully compliant under the lease to use this remedy and must also provide copies of all receipts to the landlord within five days after the beginning of the next rental period (US § 57-22-6(4)(a-b)).
Security Deposits
Deposit Limit: There is no limit on security deposit amounts in Utah.
Interest: Utah landlords are not required to pay interest on security deposits.
Deposit Location: Utah landlords are not required to keep security deposits in a separate bank account.
Withholding: Landlords may withhold funds from the security deposit for unpaid rent/bills, damages beyond reasonable wear and tear, cleaning, or other costs or fees listed in the rental agreement (US § 57-17-3(1)). Landlords must also provide a written statement itemizing any withholdings from the deposit (US § 57-17-1)
Tenant Screening and Fair Housing Protections
Protected Classes
Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). Utah state law adds sexual orientation, gender identity, and source of income (US § 57-21-5).
Credit Reports
Utah landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Criminal Histories
Criminal background checks may be used during tenant screening in Utah.
Utah landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Entry
Advanced Notice: 24 hours’, unless otherwise specified in the rental agreement (US § 57-22-4(2)).
Permitted Times: Utah state law does not designate any time-of-day restrictions for entering.
Emergency Entry: There are no laws in Utah regarding emergency entry without notice.
Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Utah, consider hiring an experienced real estate attorney and be sure to review the Utah eviction process in more detail.
Notice for Lease Violation: 3 calendar days to cure or quit (US § 78B-6-802(h)).
Unconditional Notice to Quit: 3 calendar days to quit. This notice gives no opportunity to “cure” the violation and applies if the tenant does any of the following on the leased premises as per US § 78B-6-802(d-g):
Assigns or sublets the property against the lease
Commits or permits waste on the premises
Sets up or carries out unlawful business at the premises
Allows any nuisance on the premises
Commits a criminal act on the premises
Other Laws and Facts About Utah
The median rent rate in Utah is $2,000.
The median rent rate in Salt Lake City is $1,700.
In Utah, tenants who are crime victims (victims of domestic violence, stalking, sexual assault, burglary, or dating violence) are entitled to certain safety precautions and can require the landlord to install new locks (US § 57-22-5.1).
