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Utah State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: No limit (UCA §§ 57-17).
  • Security Deposit Interest: No statute.
  • Separate Security Deposit Bank Account: No regulation.
  • Nonrefundable Fees: Allowed, but only if disclosed in writing when the landlord accepts the deposit (UCA §§ 57-17-2).
  • Pet Deposits and Additional Fees: No statute.
  • Deadline for Returning Security Deposit: 30 days after the termination of the tenancy or within 15 days after receipt of the renter’s new mailing address, whichever is later (UCA §§ 57-17-3).
  • Permitted Uses of the Security Deposit: No statute.
  • Advance Notice of Withholding: No (UCA §§ 57-17-1).
  • Move-In Condition Checklist: Yes. Before a lease begins, the owner must provide the prospective renter with a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear (UCA §§ 57-22-4(3)).
  • Move-Out Checklist/Itemized List of Damages and Charges: Yes (UCA §§ 57-17-3)
  • Receipt of Deposit: No statute.
  • Record Keeping of Deposit Withholdings: No statute.
  • Failure to Comply: The renter may recover the full deposit, a civil penalty of $100, and court costs if the owner or landlord fails to meet statutory obligations related to returning the security deposit. (UCA §§ 57-17-5)

Lease, Rent, and Fees:

  • Rent Is Due: No statute.
  • Rent Increase Notice: No statute.
  • Rent Grace Period: No statute.
  • Late Fees: No statute.
  • Application Fees:
  • Prepaid Rent: No statute.
  • Returned Check Fees: $20 (UCA §§ 7-15-2).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, tenants are allowed “rent abatement” as defined in UCA §§ 57-22-6.
  • Tenant Allowed to Repair and Deduct Rent: Yes, tenants can “repair and deduct” as defined in UCA §§ 57-22-6.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes.
  • The Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No statute.

Notices and Entry:

  • Notice to Terminate Tenancy – Lease with No End Date: 15 days (UCA §§ 78B-6-802)
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No statute. Typically, no notice is needed as the lease expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 15 days (UCA §§ 78B-6-802)
  • Notice of Date/Time of Move-Out Inspection: No statute.
  • Termination for Nonpayment: 3 days (UCA §§ 78B-6-802).
  • Termination for Lease Violation: 3 days (UCA §§ 78B-6-802).
  • Required Notice before Entry: 24 hours unless specified differently in the lease. (UCA §§ 57-22-4(2)).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (UCA §§ 57-22-5(2)(c)).
  • Entry Allowed with Notice for Showings: No statute.
  • Emergency Entry Allowed without Notice: No statute.
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No (UCA §§ 78B-6-814).
  • Utility Shut-offs Allowed: No (UCA §§ 78B-6-814).
  • Abandonment of Premises: The Landlord can assume abandonment by the tenant if either (UCA §§ 78B-6-815)
    • the rent is more than 15 days overdue, and the tenant’s possessions are still in the rental unit. However, there is no other reasonable evidence that the tenant is still living there, or
    • the rent is one or more days overdue, the tenant’s possessions are gone, and there is no other reasonable evidence that the tenant is still living there.
  • Abandonment of Personal Property: The owner may remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs (UCA §§ 78B-6-816(2-3)).
    • Post and Mail Notice: The owner shall post a copy of the notice in a conspicuous place and send a message to the tenant by first class mail to the last known address, indicating that the property is considered abandoned.
    • 15 Days: The tenant may retrieve the property within 15 calendar days from the date of the notice if the tenant tenders payment of all costs of inventory, moving, and storage to the owner.
    • Allowed to Sell: If the tenant fails to claim the property within 15 calendar days, the owner may sell the property at a public sale and apply the proceeds toward any amount the tenant owes or donate the property to charity if the donation is a commercially reasonable alternative.
    • No Vehicles: “Personal property” does not include motor vehicles.

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Before a lease begins, the owner must disclose the name and address of the property owner and that of anyone authorized to manage the property or allowed to receive notice on the owner’s behalf. (UCA §§ 57-22-4(4))
  • Copy of Lease and Rules: Before a lease begins, the owner must deliver an executed copy of the rental agreement, if the rental agreement is a written agreement and a copy of any rules and regulations applicable to the residential rental unit. (UCA §§ 57-22-4(4).
  • Domestic Violence Situations:
    • Proof of Status: The Landlord is entitled to verify the claim of Domestic Violence status. (UCA §§ 57-22-5.1)
    • Termination of Lease: A tenant is allowed to terminate a lease if: (UCA §§ 57-22-5.1)
      • The tenant complies with all provisions of Section 57-22-5 and all obligations under the rental agreement,
      • provides the owner a written notice of termination and a protective order protecting the renter from a domestic violence perpetrator or a copy of a police report documenting that the renter is a victim of domestic violence and did not participate in the violence; and
      • no later than the date that the renter provides a notice of termination under Subsection (4)(b)(i), pays the owner the equivalent of 45 days’ rent for the period beginning on the date that the renter provides the notice of termination.
    • Locks: Upon request, the landlord must change or rekey the locks at the tenant’s expense. (UCA §§ 57-22-5.1)
  • Landlord Duties: A detailed list of landlord responsibilities is provided at UCA §§ 57-22-4.
  • Tenant’s Duties: A detailed list of tenant responsibilities is provided at UCA §§ 57-22-5.
  • Trash Removal: For buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree. (UCA §§ 57-22-4)
  • Lead Disclosure: 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.

Court and Legal Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Related Links

State Agencies & Regulatory Bodies

Realtor, Landlord, and Tenant Associations

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