Utah Landlord Tenant Laws

This is a summary of Utah Landlord-Tenant laws that apply to residential (non-commercial) rentals. These references were compiled from the Code of Utah and various online sources to serve as a reference and for people wanting to learn about Utah landlord-tenant laws, Utah eviction laws, and Utah renters’ rights. 

However, this guide is not comprehensive and PayRent does not warrant the accuracy of this information. Statutes can change any time the state legislature passes a new law. Additionally, counties and cities may have different regulations. Given its limitations, this guide is not an adequate substitute for legal advice from a knowledgeable lawyer.  If you are dealing with a landlord-tenant issue, you seek guidance from a qualified attorney. If you need help finding an attorney, we’ve included a list of attorney referral services in this guide.

Rules and Regulations Governing Utah Landlord-Tenant Laws

• Utah Code Ann. §§ 57 – Real Estate
• Utah Code Ann. §§ 57-17 – Residential Renters’ Deposits
• Utah Code Ann. §§ 57-22 – Utah Fit Premises Act
• Utah Code Ann. §§ 78A-8 – Small Claims Court
• Utah Code Ann. §§ 78B-2 – Statute of Limitations
• Utah Code Ann. §§ 78B-6 – Particular Proceedings

Utah Lease Terms Provisions

Security Deposits

• What is the maximum allowable security deposit?
  There is no Utah law limiting security deposits.

• Are security deposits required to earn interest?

No. There is no Utah law requiring security deposits to earn interest.

• Do landlords need to store security deposits in a separate bank account? 

No. There is no Utah law requiring security deposits to be stored in a separate bank account. 

• Are non-refundable fees, such as pet fees, prohibited?

No. There is no Utah law forbidding non-refundable fees, so long as it is explained in writing to the tenant at the time the fee is paid. (Utah Code Ann. § 57-17-2) 

• How long do landlords have to return security deposits?

30 days after the tenant vacates the property. (Utah Code Ann. § 57-17-3) 

• Can landlords withhold security deposits?

Yes. Landlords can use the deposit to cover accrued rent and to repair any damages to the property beyond ordinary wear and tear, cleaning of the unit, and any other costs as outlined in the lease. (Utah Code Ann. § 57-17-3) 

• Are landlords required to itemize damages and fees deducted from security deposits?

Yes. An itemized list that explains the reason for each deduction is required to be provided along with any unused deposit. (Utah Code Ann. § 57-17-3) 

• Do landlords have to issue receipts upon receiving security deposits?

No. There is no Utah law requiring landlords to issue receipts for security deposits.

• Are there any specific requirements for record-keeping for deposit withholdings?

No. There is no Utah law specifying record-keeping requirements.

• What happens when a landlord does not return a security deposit within the required timeframe?

A landlord who does not return the deposit within the statutory period owes the tenant the full balance of the deposit plus $100 plus attorney’s fees if the retention of the deposit was in bad faith. (Utah Code Ann. § 57-17-5) 

Rent

• Is there a cap on how much landlords can charge for rent? (rent control)

No. There are no rent control laws in Utah.

• When is rent due?

There is no statute governing when rent is due in Utah.

• Does rent need to be paid using a certain method of payment?

No. There is no Utah law requiring a certain payment method for rent.

Fees

• Can landlords charge late fees when rent is late?

Yes. There is no Utah law forbidding late fees or limiting the amount that landlords can charge.

• Do landlords have to allow for a grace period for paying rent before charging late fees?

No. There is no Utah law requiring a grace period before assessing late fees.

• Can landlords charge application fees?

Yes. To charge an application fee, a landlord must disclose in writing when they anticipate a unit will be available and any criteria the landlord will consider when deciding if they will enter into a lease with a prospective tenant. (Utah Code Ann. § 57-22-4(5)) 

• Can landlords charge returned check fees?

Yes. Landlords can charge a returned check fee of $20, as long as written notice of a possible returned check fee is provided to the tenant. If tenant does not pay such fee within 15 calendar days, he/she is required to pay within 30 calendar days the check amount, the $20 service charge, and collection costs not to exceed $35. (Utah Code Ann. § 7-15-2) 

Utah Landlord-Tenant Relations

Notices

• Are landlords required to provide tenants with notice of rent increases between lease terms?

Yes. Landlord must provide 15-days’ notice before increasing the rent. (Utah Code Ann. § 78B-6-802).

• Are landlords required to provide tenants with notice of pesticide use on the property?

No. There is no Utah law requiring landlords to provide tenants with notice of pesticide use on the rental property.

• What notice is required to terminate a fixed-end lease?

There is no statutory notice required, the lease will end on the date specified.

• What notice is required to terminate a week-to-week periodic tenancy?

The landlord must provide 15 days’ notice. (Utah Code Ann. § 78B-6-802(1)(b)) 

• What notice is required to terminate a month-to-month periodic tenancy?

The landlord must provide 15 days’ notice. (Utah Code Ann. § 78B-6-802(1)(b)) 

• Is notice of the date and time of the move out inspection required?

There is no statute in Utah law covering this issue. 

Entry Provisions

• When can landlords enter the rental premises with notice?

To make necessary or agreed to repairs. (Utah Code Ann. § 57-22-5(2)(c)) 

• What notice must a landlord give a tenant before entering the rental unit?

The landlord must provide 24 hours’ notice before entering unless otherwise specified in the lease. (Utah Code Ann. § 57-22-4(2)) 

Landlord’s Duties (Utah Code Ann. § 57-22-4) 

• Landlords must make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.
• Landlords must keep all common areas of the premises in a clean and safe condition.
• Landlords must maintain in good and safe working order all electrical, plumbing, heating, hot and cold water, any air-conditioning, and other facilities and appliances, supplied or required to be supplied by the landlord.
• Landlords must provide and maintain appropriate receptacles for the removal of garbage and arrange for their removal if the premises contains two or more rental units. (Utah Code Ann. § 57-22-4) 

Tenant’s Duties (Utah Code Ann. § 57-22-5) 

• Tenants must comply with all obligations imposed upon tenants by building and housing codes materially affecting health and safety.
• Tenants must keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permits.
• Tenants must dispose of all ashes, garbage, rubbish, and other waste cleanly and safely.
• Tenants must keep all plumbing fixtures as clean as their condition permits.
• Tenants must use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner.
• Tenants must be current on all rental payments.
• Tenants must comply with the rules and regulations in the rental agreement, including any prohibition on the use of tobacco.
• Tenants must not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; or knowingly, recklessly, or negligently permit any person to do so.
• Tenants and their guests must conduct themselves in a manner that will not disturb the neighbors’ peaceful enjoyment of the premises.
• Tenants shall maintain smoke detection devices and carbon monoxide detection devices.
• Tenants may not unreasonably deny access to the owner or their agents to repair the unit.  (Utah Code Ann. § 57-22-5) 

Required Landlord Disclosures

• Landlords are required to disclose in writing the names and business addresses of: 
  • the person authorized to manage the premises. (Utah Code Ann. § 57-22-4(4)(a)(ii)(A)) 
  • the owner of the premises or a person authorized to act for and on behalf of the owner for service of process and receiving notices. (Utah Code Ann. § 57-22-4(4)(a)(ii)(B)) 

• Landlords must provide a written inventory of the condition of the unit at the commencement of the lease. (Utah Code Ann. § 57-22-4(3))
• Landlords must provide the tenant with a written copy of the lease and a written copy of any further rules and regulations for the unit. (Utah Code Ann. § 57-22-4(4)(b)) 
• Before renting pre-1978 property, landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards. (16 CFR 1303, 42 U.S. Code § 4852d) . If the landlord fails to disclose all known lead paint hazards, the landlord can face fines of up to $19,507 for each violation (24 CFR 30.65).
• Landlords must disclose all known information related to methamphetamine manufacturing, use, or storage. Landlord must report the contaminated rental property to a government agency that is responsible for the decontamination process and documenting that the test results meet the minimum decontamination standards. (Utah Code Ann. § 57-27-201).

Utah Renters’ Rights

• What are Utah renters’ rights if landlords breach their duties? (See Landlord’s Duties)

If a landlord’s failure to comply with the rental agreement or their legal duties leads to a deficient condition on the premises, the tenant may provide the landlord with written notice of each deficient condition that exists. The notice should also provide a stated number of days between 3 and 10, depending on the deficiency, in which the landlord should correct the repair, and state that the tenant will affect the repair themselves if not completed within those days. If the deficiency is not remedied after the period stated in the notice, the tenant can terminate the lease and receive their security deposit and any pro-rated rent from the landlord if they vacate within 10 days. (Utah Code Ann. § 57-22-6) 

• Are tenants allowed to withhold rent for needed repairs or other breaches of their landlords’ duties?

Yes. If a landlord fails to remedy a deficiency within a reasonable time after being notified of it by the tenant, the tenant can deduct the actual costs of the repairs, provided they are not greater than two months’ rent. (Utah Code Ann. § 57-22-6) 

• What are the protections for tenants against retaliation from their landlords for exercising their Utah renter’s rights?

There is no statute governing whether a landlord can retaliate against a tenant in Utah. 

Utah Eviction Laws

• What are the reasons that landlords can evict tenants under Utah eviction laws? 
  • Nonpayment of rent 
  • Violation of lease terms / rental agreement 
  • Subleasing in violation of the lease
  • The tenant remains in possession without the landlord’s consent after expiration or termination of the term of the rental agreement (holdover tenancy) 

• Illegal activity 
• Committing waste upon the property
• Allows any nuisance to be carried on on the property. (Utah Code Ann. § 78B-6-802(1)) 

• What notice do Utah eviction laws require that landlords provide tenants before starting the eviction process?
  • For evictions based on non-payment of rent, violation of lease terms / rental agreement, unsanctioned subleasing, illegal activity, committing waste on the property, or allowing a nuisance on the property, the landlord must give 3 days written notice before commencing an eviction suit. For non-payment of rent, violation of lease terms, and unsanctioned subleasing, the tenant may cure these breaches within the 3-day timeframe to stop any further eviction proceedings. (Utah Code Ann. § 78B-6-802) 

• For evictions based on a holdover tenancy, landlords must provide the notice required to end the tenancy. If the tenant remains on the rental property after the termination date, the landlord can begin the eviction process without providing additional notice. (Utah Code Ann. § 78B-6-802) 

• Do Utah eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 

No. It is illegal to use self-help eviction methods in Utah unless the tenant has abandoned the premises. (Utah Code Ann. § 78B-6-814) 

• Are landlords permitted to recover damages from an evicted tenant?

Yes.  In Utah, a court may award reasonable attorney’s fees and costs to the prevailing party in an eviction action. A judgment can also include actual damages. (Utah Code Ann. § 78B-6-811(5))   

COVID-19 Changes to Utah Landlord-Tenant Laws

• The CDC’s national eviction ban was effective through August 26, 2021, and is no longer in place.
• The federal Coronavirus Aid, Relief, and Economic Security (CARES) Act  is no longer effective.

• Utah Home Energy Assistance Target (HEAT) Program provides year-round energy and water assistance as well as energy and water-related crisis assistance for eligible low income households throughout Utah.
• Utah Housing Assistance Program helps renters to pay rent and utilities. 

Squatter’s rights in Utah

Under the Homestead Act of 1862, individuals (squatters) can possess the property if they have lived there for a specific period of time, done so publicly, made repairs to the property, have deed to the property and have paid rent or taxes on this property.

Utah has no specific laws recognizing squatters.The squatter can claim adverse possession after 7 years of continuous possession and paying taxes (Utah Code Ann. § 78B-2-208).

Related Links

Government 

• Utah Judicial Branch
• U.S. Department of Housing and Urban Development – Utah – Tenant’s Rights
• Utah Housing Corporation
• Housing and Community Development–Workforce Services
• Utah Insurance Department
• Utah Division of Consumer Protection
• Utah Division of Real Estate

Legal Aid

• Utah Pro Bono Legal Services
• Utah Pro Bono Initiative
• Legal Aid Society of Salt Lake

Attorney Referral Services

• Utah Bar Association
• Official Utah Lawyer Referral Service

Realtor and Landlord-Tenant Associations

• Utah Association of Realtors
• Salt Lake Board of Realtors
• Utah County Association of Realtors
• Northern Wasatch Association of Realtors
• Brigham-Tremonton Board of Realtors
• Utah Apartment Association
• Utah Condominium & Homeowners Association