Utah Roommate Agreement

Key Components of a Utah Room Rental Agreement

1. Parties Involved: The agreement should specify who is entering into the contract, the location of the property, and the identity of the landlord. It is essential to include current contact information for all parties signing the agreement.

2. Lease Term: The duration of the existing lease should be noted, along with the length of the roommate agreement.

3. Security Deposit: The agreement must discuss how the security deposit will be divided among roommates and outline the rules for returning or deducting any portion of it.

4. Rent Payments: The total rent amount should be stated, along with details on how it will be divided among the roommates.

5. Utility Payments: The agreement should determine how utility payments will be split and identify who is responsible for making payments to utility companies.

6. Rules for Violations: Establish rules for handling violations of the lease or roommate agreement, including procedures for when a roommate needs to move out early.

7. House Rules: The agreement should list any house rules regarding food, cleaning, guests, and other shared responsibilities.

8. Room Assignments: Specify which bedrooms will be assigned to whom and which areas will be shared or private.

9. Signatures: Ensure that all parties sign and date the agreement, and attach a completed landlord consent form.

Types of Roommate Arrangements in Utah

There are three main types of roommate arrangements recognized by law:

Co-tenancy

In this arrangement, all roommates are on the same lease, paying rent to the same landlord and sharing equal responsibility for lease terms. Co-tenants cannot evict one another and must go through the landlord for any misconduct issues.

Subtenancy

Here, the original tenant acts as the landlord to the subtenant, receiving rent and being responsible for addressing the subtenant’s rental issues. Subleasing typically requires the landlord’s permission.

At-Will Tenancy / Guest Tenancy

This informal arrangement allows either party to terminate the agreement at any time. The landlord may or may not have approved this situation, and the roommate is considered a guest.

Lease Violations in Roommate Situations

Co-tenants are “jointly and severally liable” for the terms of the lease, meaning each co-tenant is fully responsible for compliance. If one roommate fails to pay their portion of the rent, the landlord can seek full payment from any of the co-tenants. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is liable for any violations committed by the roommate.

Resolving Roommate Disputes in Utah

In the event of a dispute, the original lease takes precedence over the roommate agreement. House rules concerning shared responsibilities are generally not enforceable in court. Roommates with disagreements unrelated to the lease may consider mediation or arbitration through a neutral third party.

Statutes

• Utah Code Ann §§ 78B-6-802 – Unlawful detainer by tenant for a term less than life
• Utah Code Ann §§ 78B-6-802 – Unlawful detainer by tenant for a term less than life
• Utah Code Ann §§ 57-17-3 – Deductions from deposit – Written itemization – Time for return
• Utah Code Ann §§ 57-17-3 – Deductions from deposit – Written itemization – Time for return
• Utah Code Ann §§ 57-17-2 – Non-refundable deposit – Written notice required
• Utah Code Ann §§ 57-22-4(3) – Owner’s duties
• Utah Code Ann §§ 57-17-5 – Failure to return deposit or prepaid rent or to give required notice – Recovery of deposit, penalty, costs, and attorney fees
• Utah Code Ann §§ 7-15-2 – Notice – Form
• Utah Code Ann §§ 57-22-6 – Tenant Allowed to Withhold Rent or Repair and Deduct Rent
• Utah Code Ann §§ 78B-6-814 – Exclusion of tenant without judicial process prohibited – Abandoned premises excepted
• Utah Code Ann §§ 78B-6-815 – Abandonment
• Utah Code Ann §§ 78B-6-816(2-3) – Abandoned premises – Retaking and rerenting by owner – Liability of tenant – Personal property of tenant left on premises
• Utah Code Ann §§ 57-22-4(2) – Owner’s duties
• Utah Code Ann §§ 57-22-4 – Owner’s duties
• Utah Code Ann §§ 57-22-4(4) – Owner’s duties
• Utah Code Ann §§ 57-22-5(2)(c) – Renter’s duties – Cleanliness and sanitation – Compliance with written agreement – Destruction of property, interference with peaceful enjoyment prohibited
• Utah Code Ann §§ 57-22-5 – Renter’s duties – Cleanliness and sanitation – Compliance with written agreement – Destruction of property, interference with peaceful enjoyment prohibited
• Utah Code Ann §§ 57-22-5.1 – Crime victim’s right to new locks – Domestic violence victim’s right to terminate rental agreement – Limits an owner relating to assistance from public safety agency
• Utah Code Ann §§ 78A-8-102 – Small claims – Defined – Counsel not necessary – Removal from district court – Deferring multiple claims of one plaintiff – Supreme Court to govern procedures