State Rules and Regulations for Utah Rental Properties and Landlords
State laws for rental properties and landlord-tenant lease agreements in Utah are found in Title 57, Chapters 17, 21, 22 and Title 78B, chapter 6, Part 8. These statutes include the Utah Fit Premises Act, the Utah Fair Housing Act, the Forcible Entry and Detainer Act (evictions) and statutes on security deposits. In addition to the Utah Fair Housing Act, landlords must also be mindful of the federal Fair Housing Act and its associate regulations as promulgated by the Department of Housing and Urban Development (HUD). In Utah, Fair Housing laws areby the Utah Anti-Discrimination and Labor Division (UALD). Utah landlords are prohibited from discriminating against would-be or existing tenants on basis of race, color, religion, national origin, sex, familial status, disability, source of income, or sexual orientation/gender identification.
Security Deposit Regulations in Utah
Utah landlord-tenant law states that there is no legal limit to the amount of security deposits for new tenants. Landlords are required to a tenant’s security deposit or provide an accounting explaining why any refundable deposit was retained within 30 days of the rental premises being restored to the landlord. Deductions from the security deposit must be accompanied by a written notice with reason for any fees taken out. A landlord may deduct at least part of the security deposit for purposes of fixing any damage left behind by the renters. Record of “beyond reasonable wear and tear;” unpaid rent, or other specified cost or fee cited within the original lease agreement are adequate legal reasons for a landlord to retain part of a security deposit. Cleaning costs are a common reason for retaining a tenant’s security deposit, as well.
Lease and Fee Regulations in Utah
Under Utah law, landlords must disclose tenant “rights to repair and deduct” in writing in the rental or lease agreement. If there are any conditions for nonrefundable fees, such as specified procedure to requests for repairs of internal or external features of the rental where a tenant may be caused a fee-related detriment, a landlord must state those terms upfront.
Termination Notice Laws in Utah
Unless the parties agree upon a date certain in which a lease will end and the lease does not provide that it may continue on a month-to-month tenancy, then Landlords must give notice of lease termination to the tenants. A lease should also provide that Tenants must give Landlords notice within a certain number of days to terminate a tenancy either at the end of a lease term or on a month-to-month tenancy. Notices to Vacate for the end of a lease term (i.e. non-renewal notices) must be served a certain number of days before the end of the lease term as provided within the lease. For month-to-month tenancies or other periodic leases without a fixed end date, Landlords need only provide a 15 days’ notice prior to the end of a month or other periodic term.
To terminate a lease during a lease term for cause, Landlords must still provide notice. The types of notice provided in Utah law during a tenancy for non-compliance are: (1) a 3 Day Pay or Vacate Notice; (2) a 3 Day Comply or Vacate Notice; and, (3) a 3 Day Notice to Vacate. If a Tenant fails to remedy the particular notice or fails to vacate after the notice then a Landlord must initiate an eviction action through the courts to obtain an Order of Restitution which restores possession of the premises back to the Landlord.
Legal Related Utah Statues for Rentals
Landlord-tenant laws found in Utah Title 57 and Title 78 legislation provide the statutory code for procedural execution and enforcement of rental agreements, as well as rights to real property and habitation.
- Security Deposits: 57-17-1 et seq.
- Habitability: 57-22-1 to 57-22-7
- Discrimination: 57-21-1 to 57-21-14
- Notice: 57-22-4(2); 78B-6-802
- Eviction: §78B-6-801 to 78B-6-816
Business Licenses in Utah
The Utah Department of Commerce, Division of Real Estate is the licensing body for residential property management in the state. Property management licensure is required of any individual who engages in property management practices. All leasing or rental agents or sales persons advertising properties, procuring prospective tenants or lessees, negotiating rental terms, or executing leases must meet mandatory licensing requirements for property management in Utah.
Eligible property management agents should submit:
- A completed and signed Real Estate Company/Branch Registration and checklist .
- A Change Card for licensee affiliation
- A Certificate of Existence from the Utah Division of Corporations to exhibit the property management firm is in current and good standing.
- A notarized letter on property company letterhead, signed by an Officer, Owner, Member, or Manager, authorizing use of the company name.
- Verification of broker signatory with the property management company’s financial institution of no more than thirty (30) days old. Trust Account and Operating Account Documentation Requirements provide guidelines to broker transaction record reporting.
- The $200 non-refundable fee.
State licensing requirements do not apply to owner-managers. Also exempt are employees of a single property owner; residential apartment managers paying a discounted rent rate; full-time, salaried Homeowners Association employees: hotel and motel managers; or those performing managerial activities associated with rental properties for a less than 30-consecutive-day period.
Utah State Associations
- Disability Law Center
- Federal Protections for Renters Living in Foreclosed Real Estate
- Legal Assistance
- National Fair Housing Advocate Online
- Fair Housing Act
- Fair Housing Regulations
- Pro Bono Initiative
- Resident Rights and Responsibilities
- Utah Anti-Discrimination and Labor Division (UALD)
- Utah Bar Association
- Utah Legal Services
- Utah State Courts
- Online Court Assistance Program
- How to File or Fight an Eviction Notice
- How to File a Small Claims Case
- Alternative Dispute Resolution (ADR)
To file a complaint, visit HUD Tenant Rights, Laws, and Protections website, or contact a licensed attorney in your area.
This blog entry is for informational purposes only and should not be construed as legal advice. Landlords and Tenants are encouraged to seek specific legal advice for any of the issues as found in this blog.