Key Takeaways
- Landlord Obligations: Utah law outlines clear responsibilities for disclosures, repairs, and fair treatment of tenants.
- Tenant Rights: Tenants are entitled to habitable housing, privacy, timely repairs, and protection from unfair eviction.
- Lease Management: Rent increases and evictions are allowed but must follow proper notice and legal procedure.
After establishing a lease with a tenant, both parties automatically obtain certain rights and responsibilities under Title 57 of the Utah Code. For landlords, the law outlines what you can and cannot do when renting out a property in Utah. That’s why it’s essential to understand the basics to ensure a smooth landlording experience.
This guide from Keyrenter Layton offers an overview of key elements of Utah’s landlord-tenant law to help property owners stay compliant and protect their investments.
Required Landlord Disclosures in Utah
Title 57 of Utah Code requires landlords to disclose certain information to tenants. You must let prospective tenants know of the following.
- Lead-based paint concentrations if the building you’re renting out was built in 1978 or earlier.
- Names and addresses of the property owner or the person managing it on their behalf.
- Knowledge about the possible use of methamphetamine in the unit.
Utah Tenant Rights & Responsibilities
Tenants in Utah enjoy the following rights once they establish a lease with a landlord. This can occur in one of three ways. One, if the tenant has signed a tenancy agreement with the landlord. Two, both the tenant and the landlord have made an oral agreement to establish a tenancy agreement. Or three, if the landlord accepts a payment as rent.
After establishing either of these agreements, the tenant automatically obtains the following rights in Utah. A right to:
- Live in a habitable unit, including having necessary repairs done promptly.
- Be evicted using the judicious eviction process devoid of retaliatory, self-help methods, or discrimination based on certain protected classes.
- Have the security deposit returned within 30 days after moving out. Any deductions made must also be reasonable and justifiable.
- Terminate a periodic lease after serving a proper advance notice.
- Break a fixed-term tenancy after serving a proper advance notice.
- A 15-day advance notice before a rent raise is implemented.
- Be treated fairly as per the fair housing laws in Utah.
- Receive a 24-hour advance notice before a landlord enters to perform some lease-obligated duties.
- Be provided with the aforementioned disclosures before establishing a lease with the landlord.
The following are the basic tenant responsibilities in the state of Utah. A tenant must:
- Keep the unit habitable by abiding by the cleanliness, safety, and sanitary standards.
- Report maintenance issues on time.
- Use the provided amenities, facilities, and appliances reasonably and only for their intended purposes.
- Comply with the smoking policy (if any).
- Not cause any negligent damage to the property.
- Not disturb the peace and quiet of other tenants or neighbors.
- Take care of small repairs or maintenance.
- Allow landlord entry after getting served with a proper notice.
- Maintain the smoke and carbon dioxide detector.
Utah Landlord Rights & Responsibilities
Landlords in Utah have specific rights that allow them to manage their properties effectively, along with responsibilities that ensure tenants are treated fairly and lawfully. Understanding these helps maintain a professional and compliant rental operation.
The following are the basic landlord rights in the state of Utah. A right to:
- Evict a tenant who fails to abide by any terms of the rental agreement, such as paying rent.
- Make allowable deductions to the tenant’s security deposit.
- Cancel a periodic tenancy after serving a proper advance notice.
- Hold a tenant liable for all rent still due under the lease if they break the lease unjustifiably.
- Raise rent by whatever amount and as frequently as you choose.
- Access a rental unit to perform crucial responsibilities.
- Charge a fee for late rent payments.
- Draft a rental agreement and enforce all of its terms and policies.
The list of responsibilities for Utah landlords includes the following.
- Only charge $75 or 10% of periodic rent, whichever is greater, when it comes to late rent fees.
- Provide the tenant with an advance notice of 24 hours before accessing the rented premises.
- Abide by the Utah Commission of Antidiscrimination and Labor Division when it comes to ensuring housing access for all tenants, especially those with certain protected classes.
- Provide the tenant with a notice of at least 15 days before raising their rent.
- Provide a proper advance notice before terminating a periodic tenancy agreement, such as a month-to-month lease.
- Abide by the Utah security deposit laws when collecting a tenant’s security deposit.
- Carry out judicial evictions when trying to remove a tenant from their rented premises.
- Draft a proper rental agreement that abides by all relevant Utah laws.
- Make requested repairs within 1-10 days after receiving written notice from tenants.
An Overview of the Landlord-Tenant Laws in Utah
Utah’s landlord-tenant laws define the rights and responsibilities of both parties in a rental agreement. Understanding these rules helps prevent disputes and ensures a smooth rental experience. Below is a summary of key aspects landlords and tenants should know.
Right to Enter a Tenant’s Rented Unit
Landlords can access a tenant’s rented unit for certain responsibilities. That said, in Utah, you must meet certain requirements before doing so.
These requirements include:
- The repairs must be legitimate. Examples of legitimate reasons for landlord entry include to inspect the unit, make repairs, and respond to an emergency.
- Give the renter an advance notice of at least 24 hours before entry.
- The entry must be during normal business hours or as agreed.
Fair Housing Act in Utah
As a landlord, you must treat a tenant fairly regardless of certain protected classes. The classes are: race, nationality, sex, color, familial status, disability, religion, and source of income.
For example, when it comes to “sex,” it’d be unlawful to ask a prospective tenant whether they are gay or straight.
Rent Increases
Utah doesn’t have a rent control law. State law also outrightly prohibits the local cities and towns from enacting any rent control laws. And because of this, landlords aren’t prohibited on how much rent they can raise and how frequently they can do so.
You must, however, ensure that the rent raise isn’t borne out of a fair-housing-protected class. Neither must it be a retaliatory tactic.
Security Deposits
When collecting a security deposit from a tenant, you must abide by certain rules. Including the following:
- Only make allowable deductions to a tenant’s security deposit.
- Return any remaining portion within 30 days of the tenant moving out.
Bottom Line
There you have it. A basic overview of the Utah landlord-tenant law. Understanding it is a key recipe to having a smooth landlording experience. If you have a question or need expert help in any aspect of property management, look no further than Keyrenter Layton.
We’re a top-notch choice for rental property owners in Kaysville, Utah, and the surrounding areas. Get in touch to learn more!
Disclaimer: This article is intended for informational purposes only and does not constitute legal, financial, or tax advice. Please consult with a professional for guidance specific to your situation.