Utah Sublease Agreement

Right to Sublet

Utah state laws do not explicitly address the issue of subleasing. Consequently, whether a tenant can sublet their rental unit is primarily determined by the terms of their lease agreement. Typically, leases require tenants to obtain explicit written permission from their landlord before subletting. If the lease does not mention subleasing, tenants should contact their landlord for clarification.

Permission to Sublet

A tenant in Utah must obtain explicit written consent from their landlord to sublet. Even with permission, landlords retain the right to reject a proposed subtenant based on lawful and nondiscriminatory reasons, such as safety concerns or pet policies.

Standardized Utah Sublease Agreements

A standard Utah sublease agreement generally includes several key components:

• Rental Unit Location: The address of the rental unit as stated in the master lease.
• Term: The start and end dates of the sublease.
• The Names of the Parties: Identification of the original tenant (Sublessor) and the subtenant (Sublessee).
• Rent: The amount of rent, payment due dates, and payment methods.
• Landlord’s Consent: A section detailing how the landlord’s permission is obtained if not included in the master lease.
• General Conditions: A statement that the written sublease contains all agreements between the parties and can only be modified in writing.
• Liability: The sublessee’s liability for damages and the sublessor’s responsibility for damages affecting the landlord.
• Authorized Occupants: Identification of the subtenant(s) and any policies regarding short-term guests.
• Disputes: Procedures for resolving disputes, possibly including mediation or arbitration.
• Master Lease Inclusion: A copy of the original lease attached to the sublease, with any exceptions clearly stated.
• Security Deposit: Held by the sublessor, with no limit on the amount a landlord can collect in Utah.
• Pet Deposit: Allowed, except for service dogs and emotional support animals.
• Return of Security Deposit: Must be returned within 30 days after the tenant vacates.
• Lead-Based Paint Notice: Required if the rental unit was built before 1978.
• Inventory of Included Items: A list of items included in the sublease.
• Utilities: Specification of which utilities are paid by the sublessor and sublessee.
• Parking Policy: Designated parking areas and any associated fees.
• Smoking Policy: Restrictions on smoking within the rental unit.
• Signature: Signatures of the sublessor, sublessee, and any co-sublessors or co-sublessees.

Tax Implications of a Sublease

In Utah, a sublessor may be subject to local and state taxes if they sublet a property for less than 30 days. The following taxes apply to short-term rentals:

• State Sales Tax: 4.85%
• Local Sales Tax: Varies by location
• State Transient Room Tax: 0.32%
• Local Transient Room Tax: Varies by location

Filing Frequency

Tax filing frequency is determined by the amount of annual tax liability:

• Monthly: For liabilities of $96,001 or more.
• Quarterly: For liabilities between $1,001 and $96,000.
• Yearly: For liabilities of $1,000 or less.

Payments can be submitted to the Utah State Tax Commission. If a hosting platform (e.g., Airbnb) collects and remits taxes, the sublessor is not responsible for remitting payments themselves.

Notices

If a subtenant fails to pay rent, the sublessor must provide three days’ notice for payment or eviction. Additionally, if the sublessor does not intend to renew the sublease or the original lease, they must give 15 days’ written notice of this intent.

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