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Utah

This article provides a quick overview of some key Utah Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Utah Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Utah Commercial Lease Agreement

Utah Landlord Tenant Key Rules

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Notices

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Applications

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Security Deposit

TOPIC RULE
Security Deposit Maximum: Utah does not limit the amount a landlord can charge a renter for a security deposit.
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: No statute.
Non-refundable fees: Non-refundable deposits are permitted, but only if disclosed in writing at the time of the landlord’s acceptance of the deposit. Utah Code §§ 57-17-2
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: The landlord must return the security deposit no later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner’s agent, The owner or the owner’s agent shall deliver the security deposit to the renter at the renter’s last known address. Utah Code §§ 57-17-3
Permitted Uses of the Deposit: No statute.
Security Deposit can be Withheld: If the owner or the owner’s agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction must be presented to the renter. Utah Code §§ 57-17-3
Require Written Description/Itemized List of Damages and Charges: If the owner or the owner’s agent made any deductions from the deposit or prepaid rent, a written notice that itemizes and explains the reason for each deduction must be presented to the renter. Utah Code §§ 57-17-3
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: If the owner or his agent in bad faith fails to provide the renter the notice required in Section 57-17-3, the renter may recover the full security deposit, a civil penalty of $100, and any associated court costs. Utah Code §§ 57-17-5

Lease, Rent & Fees

TOPIC RULE
Rent is Due: No statute.
Payment Methods: No statute.
Rent Increase Notice: No statute.
Late Fees: No statute.
Application Fees: No statute.
Prepaid Rent: No statute.
Returned Check Fees: $20 Utah Code § 7-15-2
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): A tenant is permitted to withhold rent if a landlord fails to provide essential services like water and heat. This is typically called the “repair and deduct” provision. Utah Code § 57-22-6
Tenant Allowed to Repair and Deduct Rent: Yes. Utah Code § 57-22-6
Self-Help Evictions: No statute.
Landlord Allowed to Recover Court and Attorney’s Fees: The court may award costs and reasonable attorney fees to the prevailing party. Utah Code § 57-22-6
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute.

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: The owner, the owner’s designated agent, or any successor in estate of the owner, must give 15 calendar days or more before the end of that month or period. Utah Code § 78B-6-802
Notice to Terminate a Periodic Lease – Month-to-Month: The owner, the owner’s designated agent, or any successor in estate of the owner, must give 15 calendar days or more before the end of that month or period. Utah Code § 78B-6-802
Notice to Terminate a Periodic Lease – Week-to-week: No statute.
Notice to Terminate Lease due to Sale of Property: The owner, the owner’s designated agent, or any successor in estate of the owner, must give 15 calendar days or more before the end of that month or period. Utah Code § 78B-6-802
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: Three calendar days. Utah Code § 78B-6-802
Notice for Lease Violation: Three calendar days. Utah Code § 78B-6-802
Required Notice before Entry: Landlords are required to provide 24 hours’ notice, unless otherwise specified in the lease. Utah Code § 57-22-4
Entry Allowed with Notice for Maintenance and Repairs: Yes. Utah Code § 57-22-5
Emergency Entry Allowed without Notice: No statute.
Entry Allowed During Tenant’s Extended Absence: No statute.
Entry Allowed with Notice for Showing the Property: No statute.
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: No. Landlords or owners may not willfully exclude a tenant from the tenant’s premises in any manner except by judicial process. Utah Code § 78B-6-814
Utility Shut-offs Allowed: No. Landlords or owners may not willfully exclude a tenant from the tenant’s premises in any manner except by judicial process. Utah Code § 78B-6-814
Electronic Notices Allowed: no

Disclosures

Duties

Landlord’s Duties

Tenant’s Duties