Renting in Utah: Tenants’ Rights Explained

Renting in Utah can feel overwhelming, especially if you’ve never had to dive into the fine print of a lease or navigate landlord-tenant laws. As a broke law student renting in Salt Lake City, I know how important it is to understand my rights and responsibilities before signing a lease. While many of these can be found on the contract itself, it is virtually impossible to include everything within those four corners. Utah’s rental laws are not always as straightforward as they seem, and in my years of being a tenant, I have compiled a list of things I wish I had known sooner.

Whether you’re signing your first lease, worried about your security deposit, or facing eviction, knowing your rights as a Utah tenant can save you from a bad situation. Below is a guide to the most important tenant rights every renter should understand.

Utah Tenant Rights and Responsibilities

Utah law sets clear rules for both landlords and tenants. Renters have the right to safe, livable housing, while also being responsible for timely rent payments and keeping the property in good condition. Landlord-tenant relationships in Utah are primarily governed by the Utah Fit Premises Act (Utah Code Ann. §§ 57-22-1 to 57-22-7) and a few other related statutes.

Utah Lease Agreements: What Must Be in Writing?

A lease, also known as a contract, lays the foundation of your rental agreement. Although Utah generally allows for both written and oral rental agreements, Utah Code Ann. § 25-5-4 requires certain agreements to be in writing. For example, § 25-5-4(1)(a) states that an agreement that lasts more than a year is void unless it is in writing.

However, a written agreement is generally the safest option because there is less room for misunderstanding. In the event that issues do arise between the tenant and their landlord, it is best to have a document to look back at.

Lease Agreements should address the following (Note: this is a non-exhaustive list):

  • Rent amount
  • Security Deposit amount, if applicable
  • Payment due date
  • Utilities (What is/isn’t included)
  • Communal fees, if applicable
  • Any other fees (Ex: cable)
  • Lease term
  • Rules on pets
  • Maintenance responsibilities

Utah Security Deposit Laws

Landlords are required by law to return your security deposit within 30 days after the tenancy ends (assuming you vacate and return possession of the property by then). Landlords may send your deposit via mail or electronically, so make sure you provide them with your most up-to-date information.

If the landlord keeps any portion of the deposit, they are required to provide an itemized list of deductions.

One thing that may surprise many first-time renters in Utah, is that landlords may deduct for cleaning to restore the unit to its move-in condition, not just for damage caused by the tenant. This means you could still be financially responsible if you don’t leave the place exactly as it was when you moved in.

Utah Tenant Rights for Repairs and Habitability

The Utah Fit Premises Act requires landlords to maintain rental units in safe, sanitary, and fit for human occupancy.

Some features that all residential rental units must have are:

  • Electrical systems
  • Heating
  • Plumbing
  • Hot and cold water

If something breaks or the rental unit’s habitability is compromised, it is best for tenants to submit a written notice. After doing so, landlords are required to act within a reasonable period of time; this can be anywhere from 24 hours to 10 calendar days depending on the severity of the issue. If repairs aren’t made, tenants may be able to withhold rent or seek legal remedies. Our breach of contract attorneys can help you enforce your rights.

Utah Eviction Laws and Tenant Protections

A landowner may evict you for reasons such as:

  • failing to pay rent,
  • violating the terms of the lease agreement
  • engaging in criminal activity on the property.

Utah’s unlawful detainer laws (§ 78B-6-801 et seq.) allow landlords to act quickly if this happens. For example, if a tenant fails to pay rent on time, the landlord can provide the tenant with a 3-day notice to pay or vacate. If the tenant is unable to pay in time, the landlord can file for eviction.

Federal Tenant Rights That Apply in Utah

Regardless of what state you live in, these are some of federal protections every landowner/tenant should be aware about:

  • The Fair Housing Act (42 U.S.C. §§ 3601–3619) prohibits housing discrimination based on race, color, religion, sex, national origin, disability, or familial status.
  • The Fair Credit Reporting Act (15 U.S.C. § 1681) requires your consent for a landlord to run a credit check. If you are denied housing as a result, the landlord is required to notify you.
  • The Americans with Disabilities Act (ADA) requires landlords to make reasonable accommodations and to allow reasonable modifications for tenants with disabilities.
  • § 504 of the Rehabilitation Act prohibits discrimination based on disability on programs that receive federal financial assistance, such as federally funded housing programs.

Surprising Utah Rental Laws Tenants Should Know

  • Short Notice Periods: When dealing with month-to-month leases for example, many other states require landlords to give notice to tenants 30+ days in advance, whereas Utah only requires 15 days.
  • No Rent Caps: Landlords in Utah can raise rent by any amount with proper notice.
  • Eviction Process Timeline: The 3-day notice for nonpayment of rent and subsequent court process allows landlords to act quickly.

Practical Tips for Utah Renters

  • Document Everything: Take photos/videos of the apartment before moving in, after moving out, and throughout the duration of your lease if anything breaks of the unit becomes uninhabitable. Keep copies of your rent payments as well.
  • Communicate in Writing: Text/email your landlord when possible, especially for repair requests and important notices.
  • Ask Before You Sign: Clarify important things such as who will be responsible for repairs and/or utilities. While having these conversations may seem awkward at first, they can save you a major headache down the road!

Take Control of Your Renting Experience

Understanding your rights as a tenant is the first step to avoiding disputes and protecting your home. If you are facing a rental dispute or have questions about your lease, Christensen & Jensen is here to help you navigate those situations with confidence. Request a consultation today.

Frequently Asked Questions About Renting in Utah

  • Landlords must return deposits within 30 days after the lease ends, with an itemized list of deductions if any.

  • No. Utah landlords must provide written notice – usually 3 days for unpaid rent, or longer depending on the lease type.

  • Yes, but only after providing proper notice (typically 15 days for month-to-month agreements). Rent control does not exist in Utah.

  • Landlords must keep rentals habitable and safe, fixing heating, plumbing, and structural issues within a reasonable time after notice.

How to Start a Business in Utah: 5 Legal Steps for Entrepreneurs

Utah Business IdeasSo, you’re an entrepreneur with the next big idea? Maybe you’ve already started brainstorming logos, looking at locations, or thinking about hiring new employees. While the idea stage might be the most exciting part of bringing your business to life, an equally important part is fulfilling the legal requirements surrounding entrepreneurship in Utah. This article walks you through five essential legal to-dos, from choosing a business structure to registering for taxes, so you can move forward with confidence.

Step 1: Choose the Right Business Structure in Utah

Your first major decision is choosing a business structure. Choosing how your business is formed affects your personal legal liability, taxes, and how your business will be managed. There are four major types of business formations:
  1. Sole Proprietorship
  2. Partnership
  3. Limited Liability Company (LLC)
  4. Corporation (C-Corp and S-Corp)

Sole Proprietorship

This is the simplest type of business structure. Essentially, you are the business, and you report all income on your personal tax return. The downside is that you are personally liable for all business debts and legal claims. Sole proprietorships are a good fit for low-risk ventures like freelancing or small-scale services. If you use a business name different from your legal name, you will need to register a DBA (Doing Business As) with the state.

Partnership

If you are starting a business with someone else and do not form a formal entity, you have a General Partnership (GP) by default. All GP partners have unlimited personal liability for business debts. You can also choose a Limited Partnership (LP) or Limited Liability Partnership (LLP), which restrict liability for those partners. LPs and LLPs require registration, and a written agreement clarifies roles, responsibilities, and profit sharing between all classifications of partners.

Limited Liability Company (LLC)

LLCs are popular for small businesses and side hustles because they offer personal liability protection. When properly managed, your personal assets are shielded from business liabilities, provided there’s no fraud, illegal conduct, personal guarantees on loans, or commingling of funds. LLCs don’t require the same formalities as corporations, and profits typically pass through to the owners’ personal tax returns, avoiding double taxation.

Corporation

Corporations are more formal and typically better suited for businesses planning to raise capital or scale quickly. Like LLCs, they offer limited liability. An S Corporation (S-Corp) is popular with smaller businesses, and it allows profits to pass through to shareholders personal tax returns, avoiding double taxation, but it has ownership restrictions. C Corporations (C-Corps) are often the preferred structure for larger companies or startups aiming for venture capital. While they face stricter regulatory requirements, more complex compliance, and are subject to double taxation, C-Corps offer the advantage of no shareholder limits. There is no single best structure. Think about your business’s risk level, whether you have partners or investors, and how you want to handle taxes. It is often helpful to consult with a lawyer or accountant to make the right choice.

Entrepreneurs opening a business in UtahStep 2: Register Your Business and Name in Utah

After selecting a structure, the next step is registering your business with the State of Utah.

Choose and Register a Name

You will need a unique name that does not conflict with other Utah businesses. Use the state’s online business name search to check availability. It is also smart to do a quick national trademark search to avoid future disputes. If you are a sole proprietor or general partnership using a business name that is not your legal name, you must register a DBA with the state.

File Formation Documents

LLCs must file a Certificate of Organization and Corporations file Articles of Incorporation with the state. Both forms ask for basic details like the business name, address, and registered agent. Utah provides an easy online portal for filing, and the fee is typically under $100. LLCs and corporations must list an in-state registered agent who can receive legal documents on the business’s behalf. Be cautious of third-party websites that charge high fees for filings you can complete yourself for a fraction of the cost.

Utah businessStep 3: Understand Utah Business Taxes

Taxes are a part of running any business. Here is how to get started.

Apply for an EIN

The Employer Identification Number is your federal tax ID, like a Social Security number for your business. It is required for LLCs, corporations, partnerships, and any business with employees. Sole proprietors often get EINs to avoid using their personal SSN. You can apply for free on the IRS website and receive your EIN instantly.

Register for Utah State Tax Accounts

If you are selling products or taxable services, you need a state sales tax license. If you have employees, you must register for state income tax withholding with the Utah State Tax Commission and unemployment insurance through the Department of Workforce Services. You will also need workers’ compensation insurance once you hire employees.

Understand Your Tax Responsibilities

Different structures have different filing obligations for state and federal taxes. Sole proprietors file Schedule C as part of the owner’s individual Form 1040. Partnerships file Form 1065 and issue K-1s. S Corporations file Form 1120-S, and C Corporations file Form 1120. If your LLC is taxed as a sole proprietorship or partnership, you may want to elect S Corporation status for tax savings once you are profitable. Work with a tax advisor to make sure everything is filed correctly and on time.

Step 4: Get Licenses and Permits Needed to Operate in Utah

You may need additional approvals before you can legally open your doors.

State and Professional Licenses

Some industries in Utah require a professional license. This includes construction, cosmetology, financial services, healthcare, and others regulated by the Division of Occupational and Professional Licensing.

Local Business Licenses

Most Utah cities and counties require a local business license, even for home-based operations. Visit your city’s official website to see what is needed. The process typically includes an application, a small fee, and possibly a zoning or safety review.

Zoning and Permits

Many businesses require additional localized permitting. For example, if you are serving food, remodeling space, or operating out of a home, you may need health permits, fire department approval, or a home occupation permit. Always check your city’s zoning rules before signing a lease or launching operations. Having the right licenses shows you are serious, builds trust, and keeps you compliant. Many licenses must be renewed annually, so keep track of deadlines.

Utah taxesStep 5: Build Your Legal and Financial Foundation

A few final steps will help your business stay legally protected and financially organized.

Create Owner Agreements

If you are starting a business with others, create a written agreement. An LLC should have an Operating Agreement outlining management roles, profit sharing, and what happens if someone leaves. Partnerships should have written agreements. Corporations should adopt bylaws and keep minutes of their meetings. These agreements reduce future disputes and help preserve liability protections. Even if you are operating alone, consider writing a basic business plan and operational notes for future reference.

Open a Business Bank Account

Keeping business and personal finances separate is essential. Open a dedicated business checking account even if you’re operating your business by yourself. It helps with taxes, improves your professional image, and protects you from liability if you have an LLC or corporation. Banks may require your state registration documents, EIN, and for LLCs, an Operating Agreement.

Get Business Insurance

Insurance adds another layer of protection. General liability insurance can cover accidents or damage related to your operations. If you offer advice or services, look into professional liability coverage. Utah also requires workers’ compensation insurance for businesses with employees. Insurance is often affordable and can prevent major losses.

Plan for Ongoing Compliance

Legal compliance does not stop once your business is launched. LLCs and corporations must file an annual renewal with the state. Update your registered agent and address if anything changes. Renew local licenses, file your taxes, and keep good records. Setting calendar reminders or using management software can help you stay on track. As your business grows, think about legal needs like creating contracts, protecting trademarks and copyright, and hiring professionals for advice or bookkeeping.

Start Strong and Stay Compliant

Starting a business in Utah involves a few legal steps, but with the right preparation, you can launch confidently. It might seem like a lot to ensure you have the right entity structure, registrations, tax accounts, licenses, and internal setup, but these are all part of operating a business. If you have questions or want personalized guidance, consider reaching out to a business attorney. Christensen & Jensen Attorneys are here for you. Our attorneys have guided Utah entrepreneurs through business formation, compliance, and planning. Let us take care of the legal side so you can focus on building your business.

Frequently Asked Questions About Starting a Business in Utah

  • To start a business in Utah, you need to:

    • Choose a business structure (such as sole proprietorship, partnership, limited liability company, or corporation).

    • Register your business and name with the Utah Division of Corporations.

    • Apply for an employer identification number and register for Utah state tax accounts.

    • Obtain any required local or state business licenses and permits.

    • Set up your business’s legal and financial foundation with agreements, insurance, and a separate bank account.

  • The best business structure depends on your goals and risk level:

    • Sole Proprietorship: Simple setup, but you’re personally liable.

    • Partnership: Good for two or more owners but may involve shared liability unless registered as an LLP or LP.

    • Limited Liability Company (LLC): Popular in Utah for small businesses because it offers personal liability protection and pass-through taxation.

    • Corporation (C-Corp or S-Corp): Best for larger or fast-growing businesses, but more complex compliance requirements. Consult with a Utah business attorney or tax professional to decide what structure fits your needs.

  • Yes. Utah requires that all business names be unique and not in use by another entity. You can check availability through the Utah Division of Corporations business name search. If you’re a sole proprietor or partnership using a name different from your legal name, you must file a DBA (Doing Business As) registration.

  • You can register your business online through the Utah Division of Corporations and Commercial Code website.

    • Limited liability company’s must file a certificate of organization.

    • Corporations must file articles of incorporation.

    • Both filings require basic details like your business name, address, and a registered agent located in Utah. Filing fees are generally under $100, and you can complete the process online in minutes.

  • If your business sells products or taxable services, you’ll need a Utah sales tax license.

    If you hire employees, you must also register for:

    • State income tax withholding (Utah State Tax Commission)

    • Unemployment insurance (Utah Department of Workforce Services). Additionally, all limited liability company’s, corporations, and partnerships must obtain a Federal EIN from the IRS.

  • Licensing requirements depend on your business type and location.

    • Some professions, like contractors, cosmetologists, and healthcare providers, need state professional licenses through the Division of Occupational and Professional Licensing.

    • Most Utah cities and counties require a local business license, even for home-based businesses.

    • Certain businesses also need zoning, health, or safety permits before operating.

  • Create formal agreements that define ownership and responsibilities.

    • Limited liability company’s: Have an operating agreement.

    • Partnerships: Have a written partnership agreement.

    • Corporations: Adopt bylaws and record meeting minutes. You should also open a business bank account to separate personal and business finances and maintain liability protection.

  • Yes. While not all coverage types are legally required, insurance protects you from major losses.

    • General liability insurance covers accidents or damage.

    • Professional liability insurance is useful for service providers.

    • Workers’ compensation insurance is required if you have employees. Having the right insurance shows credibility and ensures compliance with Utah law.

  • After formation, Utah businesses must stay compliant by:

    • Filing annual renewals with the Utah Division of Corporations.

    • Keeping their registered agent and address updated.

    • Renewing local business licenses each year.

    • Filing state and federal taxes on time. Maintaining proper records, contracts, and renewals protects your business from penalties or dissolution.

  • If you’re unsure about which business structure to choose or need help with compliance, consult a Utah business attorney. The attorneys at Christensen & Jensen guide entrepreneurs through entity formation, licensing, tax registration, and ongoing compliance, so you can focus on growing your business while staying legally protected.

R. Chase Bailey Sworn into the Utah State Bar

R. Chase Bailey

Christensen & Jensen proudly congratulates R. Chase Bailey on being officially sworn in to the Utah State Bar on October 7, 2025. This milestone marks the beginning of his career as an attorney, and we are thrilled to celebrate this achievement with him.

Chase has shown exceptional dedication, professionalism, and integrity throughout his legal education and training. His commitment to excellence reflects the core values of Christensen & Jensen and our long-standing tradition of providing trusted, high-quality representation to our clients.

As he begins this new chapter, Chase will be working alongside our team of experienced attorneys to continue serving Utah’s legal community with skill and compassion. We look forward to his contributions and the bright future ahead.

A Day in the Life of a Utah Criminal Defense Attorney

Utah defense attorney When you picture an attorney, what comes to mind? If you grew up watching popular movies, you’ll most likely think of a criminal defense attorney who advocates for their clients in the courtroom and gets confessions out of witnesses. While there is some truth to this, being a successful Utah defense attorney involves much more. Behind every strong courtroom performance are hours of case preparation and a strong team consisting of paralegals, legal assistants, and private investigators. To shed light on what the job is really like, I interviewed seasoned criminal defense attorney (and professional Star Wars collector) Jonathan T. Nish. Mr. Nish represents clients who face charges ranging from misdemeanors to capital crimes. He provided insights into the work, the people, and the environment required to thrive in this demanding but rewarding profession.

Morning of a Utah Criminal Defense Attorney: How the Day Starts

Jonathan Nish’s day often begins before sunrise. Court hearings, client meetings, and last-minute motions mean mornings can be a whirlwind of reviewing evidence, meeting with clients, and strategizing with colleagues. “If I have court in the morning, I’m usually reviewing my notes as I get ready,” Nish explained. “I’ll double-check exhibits, make sure witnesses are confirmed, and mentally walk through my argument so I’m ready to respond to whatever happens.” He emphasized that the real heavy lifting is done before the hearing. Case preparation requires digging through police reports, cross-referencing witness statements, and staying up to date with evolving case law.

Supporting Clients Beyond the Courtroom

Utah defense attorneyA Utah criminal defense attorney’s role is to advocate for people going through the hardest moments of their lives, that means navigating not just the legal system, but the human emotions associated with their case. “Sometimes I’m the first person in a long time who has really listened to a client,” Nish said. “They might be scared, confused, or just overwhelmed by the process. My job isn’t only to defend them legally, it’s to help them feel like someone is in their corner.” Most criminal cases don’t end in trial. In fact, many involve quiet negotiations, strategic plea deals, and advocating for fair outcomes in situations where the law can feel unforgiving.

What Makes a Good Criminal Defense Lawyer in Utah?

When asked what qualities clients should look for in an attorney, Mr. Nish was quick to dispel one popular misconception: that the best defense lawyers are always the most aggressive. “Being a bulldog isn’t enough,” he said. “What you really want is someone who knows how to build relationships: with judges, with prosecutors, with court staff. That respect and trust can make a huge difference in negotiations and in how your case moves through the system.” In other words, skillful defense work is equal parts strategy, communication, and credibility.

Trial Preparation for Utah Defense Attorneys

While not every case goes to trial, those that do require intense preparation. “If it’s a one-day trial, I might spend a week getting ready. If it’s a three-day trial, I’ll block off three or four weeks,” Nish explained. “That includes meeting with witnesses, creating outlines for direct and cross-examinations, and anticipating the prosecution’s arguments.” In Utah, where court dockets can be crowded, staying organized is crucial.  Mr. Nish relies on a trusted support team to manage the flow of documents, notices, deadlines, and scheduling.

Balancing Mental Health in Criminal Law

Representing clients in cases that may impact the rest of their lives is not for the faint of heart. Jonathan Nish was candid about the emotional toll the work can take, particularly when outcomes aren’t what his clients hoped for. “You have to learn how to separate your self-worth from the verdict,” He said. “If you let every loss weigh you down, you’ll burn out fast. But you also can’t lose your compassion, that’s what makes you fight for your clients in the first place.” Support networks, both professional and personal, are key. He credits friends, colleagues, and most importantly, his wife, with keeping him grounded and reminding him when it’s time to take a break. Mr. Nish acknowledges that criminal defense is more than a job, it is a calling. “When someone’s future is on the line, you feel the weight of that. It’s part of why I do this.”

Should Criminal Defendants Testify in Utah?

Utah defense attorneyOne of the most strategic decisions in a trial is whether to have the client testify. “It’s never a decision I make lightly,” Nish explained. “You have to weigh the risks: how they’ll hold up under cross-examination, how the jury might perceive them… against the benefit of telling their story directly.” Ultimately, the choice is made in collaboration with the client, based on both legal strategy and the individual’s comfort level.

Why Become a Utah Criminal Defense Attorney?

For Jonathan Nish, the decision to become a  Utah criminal defense attorney was deeply personal. Inspired by a desire to protect constitutional rights and ensure fairness in the system, he has built a career on standing up for people at their most vulnerable moments. Some of the most rewarding moments come when past clients, even those who didn’t get their desired outcome, come back to express gratitude. “When someone says, ‘You treated me with respect, and you fought for me,’ that’s what makes it worth it,” he said.

Choosing the Right Defense Attorney in Utah

Jonathan T. NishFor those who imagine the courtroom as a stage for flashy arguments and dramatic wins, Jonathan Nish’s story is a reminder: the best defense attorneys are often the ones who work quietly but relentlessly, building trust, preparing thoroughly, and standing firm when it matters most. During my time at Christensen & Jensen, I had the opportunity to work with  him on a variety of criminal cases and witnessed firsthand the complexity of the job. Being a Utah criminal defense attorney requires quick thinking, sharp legal skills and a deep well of empathy. It’s about more than winning cases; it’s about ensuring that every person gets a fair shot, regardless of their circumstances. Most importantly, it’s about seeing your clients as human beings when the rest of the world may not. If you’re facing criminal charges in Utah, the attorney you choose matters. The best defense lawyers aren’t just aggressive, they’re strategic, respected, and committed to fighting for their clients.

Need a Utah Criminal Defense Attorney?

If you or a loved one is facing criminal charges in Utah, having the right advocate by your side can make all the difference. Contact Christensen & Jensen, to speak with an experienced criminal defense lawyer who will stand by you every step of the way.  

Frequently Asked Questions About Criminal Defense in Utah

  • No. The majority of criminal cases in Utah are resolved before trial through dismissals, plea deals, or reduced charges. A skilled Utah criminal defense attorney can often negotiate favorable outcomes without the stress and uncertainty of a jury trial.

  • Beyond courtroom skill, you should look for an attorney who communicates clearly, is respected by judges and prosecutors, and takes time to understand your situation. The best criminal defense lawyers in Utah combine legal expertise with empathy and strategy.

  • The cost varies depending on the complexity of the case, the seriousness of the charges, and whether the case goes to trial. Many Salt Lake City criminal defense attorneys offer payment plans or flat-fee arrangements, so it’s important to ask during your consultation.

  • Local attorneys understand Utah’s courts, judges, and prosecutors, which can make a meaningful difference in your case. Having a trusted defense attorney in Utah ensures you’re guided by someone who knows the local system inside and out.

C&J Lawyers Recognized in 2025 Super Lawyers List

Christensen & Jensen is proud to announce that several of our attorneys have been recognized in the 2025 Mountain States Super Lawyers list, a distinction reserved for outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

This year’s honorees include:

Business Litigation

Business/Corporate

Insurance Coverage

Civil Litigation: Defense

Alternate Dispute Resolution

State, Local & Municipal

Super Lawyers selects attorneys through a rigorous process that includes peer nominations, evaluations, and independent research. Only a small percentage of attorneys in each state earn the distinction each year, making this recognition a testament to our attorneys’ dedication, expertise, and leadership in their fields.

At Christensen & Jensen, we are committed to providing exceptional legal services to our clients, and we are honored that our team’s hard work and advocacy have been recognized once again.

Congratulations to all our 2025 Super Lawyers honorees!

3 Christensen & Jensen Attorneys Named “Lawyer of the Year”

We’re proud to announce that in The Best Lawyers in America 2026 Edition: Each “Lawyer of the Year” honor is awarded to just one lawyer per practice area and region, making this an extraordinary recognition of their talent and leadership. In addition, several of our attorneys were also recognized in The Best Lawyers in America across multiple practice areas:

We are honored to work alongside these exceptional attorneys and congratulate them on their well-deserved recognition. Please join us in celebrating their accomplishments!

Flynn E. Beckman Sworn into the Utah State Bar

Flynn E. Beckman

Christensen & Jensen is proud to congratulate Flynn Beckman on being officially sworn into the Utah State Bar.

Flynn has demonstrated a deep commitment to the legal profession and to serving clients with integrity and thoughtfulness. His journey through law school, clerkships, and now bar admission reflects the hard work and character we value at our firm.

We are excited to see Flynn step into this new role and begin his practice as a licensed attorney. He will be a tremendous asset to our team and to the clients we serve across Utah.

Please join us in celebrating this important milestone in Flynn’s legal career!

Utah At-Will Employment: Can You Be Fired Without Notice?

Utah at-will employment When we think of summertime, we commonly think of warm weather, swimming at the local public pool, and grilling hamburgers outside with family and friends. Children are out of school, and families go on vacation. But for many high school, college, and graduate students, summer is a time for employment and internships. Summer jobs typically last about three months, and their positions usually consist of food service, retail, construction, outdoor recreation roles, and office staff. These positions generally require less credentials and are very interchangeable, allowing employers to fire and hire new summer employees quickly and efficiently. This reality raises a common question: even though I am only employed for a short time, can my seasonal employer fire me without notice?

At-Will Employment: What It Means for Seasonal Jobs in Utah

The short answer is yes, to a certain extent. In Utah, like every other state except Montana, most employees are considered at-will, unless this arrangement is altered by a written or implied agreement that changes it. Utah law presumes that an employment agreement that does not have a specified term of duration is at-will. This means employers may fire employees “for any reason, or no reason at all, at any time.” The at-will doctrine benefits employees the ability to quit their job at any time and for any reason. However, this freedom also comes at a cost. Employers may also fire their employees for any reason or for no reason at all at any time.

Do At-Will Employees Have Any Legal Protections?

Absolutely. Utah law further clarifies that even if an employee is at-will, an employer may fire an employee “without extending any procedural safeguards to an employee, except as required by law.”

3 Legal Exceptions to At-Will Termination for Seasonal Employees

Utah at-will employment

Agreements Can Override At-Will Employment

Seasonal employee can protect themselves from a termination without notice if their employer violates an agreement between the parties that the employee cannot be fired without cause or without notice. If an employer promises, either directly or through conduct, that an employee cannot be fired without cause or notice, this may overcome the at-will presumption. These agreements can be created during the interview process, at the onset of employment, or even during the employment. Evidence of these agreements may be found in employment manuals, oral agreements, and all circumstances of the relationship which demonstrate the intent to terminate only for cause or to continue employment for a specified period. Though it may be harder to prove an implied agreement than an written agreement, employees can look to the conduct of their employer, personnel policies, trade or industry practices, or other circumstances to show that their employer made such a promise. It is important to remember, however, that an implied-in-fact promise cannot go against a written contract term. If the provisions of your seasonal employment contained language stating that you cannot be fired without just cause or notice, or if your employer impliedly informed you of the same, you may have an actionable claim against your employer if you were fired without notice or cause.

Termination in Violation of State or Federal Law

Another protection arises if the termination violates state or federal statutes. Every non-federal employee or prospect employee, no matter how long they have been or will be tenured, is protected from discriminatory actions by their employer. Relevant statutes include:
  • Title VII of the Civil Rights Act of 1964 (protecting against discrimination based on race, color, religion, sex and national origin);
  • Americans with Disabilities Act (ADA) (protecting against discrimination on the basis of disability); and
  • Age Discrimination in Employment Act (ADEA) (protecting non-federal employees and prospect employees 40 years or older from discrimination on the basis of age).
This means that, if you have reason to believe that your seasonal employer fired you for one of the reasons stated above, you may have an actionable claim against them.

Violations of Clear and Substantial Public Policy

Finally, seasonal employees can be protected from a fire without notice if their firing was a clear violation of a substantial public policy. Courts evaluate public policy exceptions based on:
  • Whether the rule or policy comes from clear and reliable sources, like state laws, the state constitution, or past court decisions.
  • Whether the rule is meant to protect the public in general, not just the specific employer or employee involved.
  • Whether there are other important rules or interests that outweigh this rule.

Examples of Public Policy Violations

Utah at-will employment

Refusal to Commit Illegal Acts

The Utah Supreme Court, as a general proposition, stated that persons who are terminated from their employment because they refuse to engage in illegal activities that contravene the clear and substantial public policy of the state of Utah can be actionable against their employer. A basic example of this is if your employer fires you for refusing to put a hazardous or harmful item in a food product that the employer is selling to customers. As such an action would violate Utah Code Ann. § 4-5-401, an employee has a right to refuse to obey the command without fear of retaliation.

Exercising Legal Rights

Employees who get fired for exercising legal rights such as serving jury duty, taking family leave, medical leave, or whistleblowing are also considered violations of public policy. If you have reason to believe that your seasonal employer has fired you without notice for any of these reasons, you may be entitled to damages.

Know Your Rights as a Seasonal Employee in Utah

Seasonal jobs are valuable opportunities for students and young professionals. These positions appear, and generally are, more replaceable than most full-time careers. Regardless, employers must ensure that they do not terminate their seasonal employees for unlawful reasons. Firing someone without notice may be legal under Utah’s at-will doctrine, but protections exist against discriminatory, retaliatory, or otherwise unlawful terminations.

Protect Your Rights if You Have Been Wrongfully Terminated

If you believe you were wrongfully terminated from your seasonal job, consult with an employment law attorney to understand your rights. At Christensen & Jensen, we help employees navigate these legal questions and protect their interests.   Citations:
  1. Ryan v. Dan’s Food Stores, Inc., 972 P.2d 395, 400 (Utah Sup.Ct. 1998).
  2. Id. (quoting Fox v. MCI Communications Corp., 931 P.2d 857, 859 (Utah 1997)) (emphasis added).
  3. Berube v. Fashion Centre, 771 P.2d 1033, 1044 (Utah Sup.Ct. 1989).
  4. Id.
  5. Ray v. Wal-Mart Stores, Inc., 2015 UT 83, ¶14-15, 359 P.3d 614 (Sup.Ct.).
  6. Pang v. Int’l Document Servs., 2015 UT 63, ¶27, 356 P.3d 1190 (Sup.Ct.).

Fireworks in Utah: What’s Legal, What’s Not & Who’s Liable

Utah FireworksFirework displays, apple pie, baseball, and blue jeans are all iconic parts of the American experience. While Utahns celebrate holidays with fireworks, it is essential to understand the types of fireworks that are legal, the regulations surrounding their use, and the responsibilities in case of an incident. In this article, we break down Utah’s fireworks laws, so you can enjoy them safely while understanding your rights and responsibilities.

What Fireworks Are Legal in Utah?

Not all fireworks are legal in Utah. Both state and federal law permit consumer fireworks classified as “1.4G common state-approved” for public use.1 All fireworks should have “1.4G” labels or language like “Approved for sale in Utah” on their packaging. Exempt explosives like small model rockets, toy pistol caps, emergency signal flare, or wire sparklers are not considered fireworks and can be used by anyone. When buying from a temporary stand, grocery store, or dedicated fireworks shop, you’re most likely getting legal firework products. Some examples include:
  • multi-shot aerial cakes (up to 500 grams),
  • fountains,
  • sparklers, and
  • ground spinners.

At What Age Can You Buy Fireworks in Utah?

Most Utah retailers restrict sales to customers age 16 or older, although state law does not specify a legal purchase age. However, allowing children to handle or ignite fireworks unsupervised may result in the adult in charge being held responsible if something goes wrong.

What Fireworks Are Illegal in Utah?

Utah FireworksIllegal fireworks fall under five main categories:
  • 1.4G dangerous explosives
  • 1.3G (professional fireworks)
  • 1.1G
  • 1.2G
  • Unclassified fireworks
Only licensed professionals with permits may handle these items. It doesn’t matter if these more powerful types of fireworks are purchased outside Utah. Once they are brought into Utah and they are not consumer fireworks (1.4G), they are illegal to use or sell in Utah. Some examples of illegal fireworks include:
  • firecrackers,
  • M-80s,
  • cherry bombs,
  • bottle rockets,
  • roman candles,
  • single-shot aerial shell mortars,
  • any aerial salute/flash shell/comet/mine/cake containing more than 500 grams of pyrotechnic composition,
  • and other large explosive devices.

When and Where Can You Legally Set Off Fireworks in Utah?

Utah’s Firework Dates and Times for Legal Use:
  • July 2–5: 11:00 AM to 11:00 PM (until midnight on July 4)
  • July 22–25: 11:00 AM to 11:00 PM (until midnight on July 24)
  • New Year’s: December 31 from 11:00 AM to 1:00 AM on Jan 1; January 1 from 11:00 AM to 11:00 PM
  • Lunar New Year: On Chinese New Year’s Eve and two days before, from 11:00 AM to 11:00 PM (extended to 1:00 AM on New Year’s Day)

Fire Restrictions in High-Risk Fire Areas

The red on the map shows where fireworks are not allowed in Utah.There are some high-risk fire zone areas where fireworks are banned year-round (including holidays). Cities publish maps of restricted areas, so always check your local fire department’s restrictions before using fireworks. Salt Lake City regularly bans fireworks in canyons and near foothills. Lighting fireworks there, even on July 4, is illegal and can lead to penalties.

Penalties and Fines for Illegal Firework Use in Utah

What Happens If You Break Utah’s Firework Laws?
  • Fines and Citations: Discharging fireworks at the wrong time or place can result in a $1,000 fine. By using fireworks outside of the designated holiday hours, you risk being fined. Repeat offenders may face harsher penalties.
  • Confiscation: Illegal fireworks can be seized by fire officials or police. Retailers selling banned items may lose their licenses.
  • Civil Liability: Utah Code § 53-7-225 mandates that the person responsible for a fire must pay the full cost of firefighting and property damage. This obligation applies if the fire is caused by illegal fireworks (Class C explosive). It also applies if someone negligently, recklessly, or intentionally causes a fire with legal fireworks, even if they were used during a legally permitted time.
  • Parental Responsibility: Parents are liable for fire caused by their children, unless they took reasonable steps to prevent it.
  • Criminal Charges: Reckless use of fireworks that leads to fire, which endangers the life or property of another, can result in charges under Utah Code §76-6-104. Damage over $1,500 may be a Class A misdemeanor. Larger or intentional fires can lead to felony arson charges.
  • Insurance Issues: Insurance may deny coverage for damages caused by illegal fireworks, leaving the party responsible to cover costs out of pocket.

Who Is Responsible for Fireworks Accidents?

Utah FireworksLiability depends on the facts, but Utah law generally holds the following parties accountable:
  1. The Person Who Lit the Firework
The person who ignites fireworks is responsible for using them safely and following the law. If fireworks cause damage due to negligence, that person is liable, even if it was an accident. Firework use outside of the legal window of time or in a restricted area is strong evidence of negligence, and it could even be considered automatically negligent. If a minor causes the fire, the parent or legal guardian is responsible for the resulting costs and damages.3
  1. The Property Owner or Host
Property owners who allow others to use fireworks on their property, especially in unsafe or illegal ways, may be held legally responsible under premises liability law. Those who supply or supervise fireworks must take reasonable safety precautions to avoid harm.
  1. The Manufacturer or Seller
If a firework explodes or misfires due to a design or manufacturing defect, the injured party can sue the manufacturer under Utah product liability law. Retailers may also be found at fault if they knowingly sold defective or banned items.4 For example, just last year at Provo, Utah’s 2024 Stadium of Fire, an incident involving a cracked fireworks tube injured 27 people.5 Investigators found a manufacturing defect, leading to potential product liability claims, and that type of firework being banned from future events.
  1. Professional Event Organizers
Licensed pyrotechnic operators and event hosts must follow strict safety protocols. Any public or commercial fireworks show in Utah must be conducted by a licensed display operator. Utah’s “Fire Prevention Act” requires that operators acquire a state license through training and proof of competency.6 Additionally, there are special effects fireworks used for concerts or movie sets that require more training. All professional shows must follow strict safety standards and comply with state rules, local fire marshal approval, and insurance requirements. If the firework vendor violates industry standards and someone is injured, they may be held at fault. Vendors who fail to inspect the fireworks, maintain proper launch distances, or ignore weather conditions could expose themselves to liability.7

Legal Help After a Utah Firework Accident

If you’ve been injured by fireworks or are facing legal consequences from a fireworks-related incident, you don’t have to navigate the legal process alone. Our attorneys at Christensen & Jensen can help determine whether someone else may be at fault for your injuries, property damage, or medical bills. Likewise, if you’re being held responsible for an accident, we can help you understand your rights and options under Utah law. Fireworks should be fun, but when things go wrong, we’re here to help. If you’ve been injured by fireworks or face legal trouble after a fireworks accident in Utah, contact Christensen & Jensen for a free consultation. [1] Utah Code Annotated § 53‑7‑202(5) (Supp. 2025). [2] Utah Code Annotated § 53‑7‑202(6) (Supp. 2025). [3] (See Utah Code § 53-7-225.1(1)(b)). [4] Utah Code Ann. § 78B‑6‑701 (Supp. 2025). [5] Jeremy Tombs, Stadium of Fire Disaster Caused by Explosion Inside 36‑Shot Firework Box, Report Says, Fox13Utah (May 21, 2025), https://www.fox13now.com/news/local-news/northern-utah/stadium-of-fire-fireworks-investigation-report-to-be-released. [6] Utah Code Ann. §§ 53‑7‑223 to ‑225 (Supp. 2025). [7] Id.; see also Nat’l Fire Prot. Ass’n, NFPA 1123: Code for Fireworks Display (2022) (widely adopted across the U.S. and incorporated by the Utah State Fire Marshal).

Defamation and the Internet: How Online Culture Is Reshaping Civil Lawsuits

When the Courtroom Goes Viral

Over the past two decades, digital media has permeated nearly every facet of life, including the courtroom. Once geographically secluded, legal proceedings now unfold inside and outside the courtroom on a global stage through livestreams, TikTok, Reddit, and YouTube. Public fascination with the justice system is not new. Since the 1960s, when television emerged, broadcasters brought major legal and cultural events, such as the assassinations of MLK Jr. and Malcolm X, into American living rooms.1 Later, media coverage of serial killers like Ted Bundy cemented true crime as a national obsession.  In recent years, this interest has evolved into a broader cultural fixation with real-life courtroom drama. As podcasts, docuseries, and livestreamed trials have surged in popularity, civil and criminal trials now draw audiences that extend far beyond the legal community. This evolution raises critical questions about the shifting relationship between the law and culture. Live-streamed hearings, viral tweet threads, and Reddit forums have expanded access to the legal process, but they have also blurred the boundary between the structured formality of courtroom proceedings and the informal nature of online discourse. Among all areas of civil law, torts have undergone particularly visible transformations. Contrary to what I believed in my first year of law school, torts are not desserts. They are civil wrongs that cause someone to suffer, and they come in many varieties. However, the infiltration of defamation and intentional infliction of emotional distress (IIED) into popular culture is especially compelling.

Defamation in the Age of Algorithms and Influence

The legal contours of defamation, which are traditionally defined as the communication of a false statement that harms another’s reputation, remain rooted in centuries-old jurisprudence. However, the digital age has dramatically reshaped the nature of reputational injury. Harm still arises through lost professional opportunities, but it now manifests in myriad other ways too, like viral memes, mass online ridicule, and algorithmic amplification or distortion. Modern defamation lawsuits now involve questions like:
  • How do courts qualify damages when someone loses brand deals but gains millions in followers?
  • What happens when the narrative about a person online vastly diverges from the courtroom record?
The legal threshold for a successful defamation claim, especially involving public figures, is extraordinarily high. Plaintiffs must prove not only that a false statement harmed their reputation, but also that the speaker acted with “actual malice,” which is a demanding standard that requires proof of knowing falsity or reckless disregard for the truth.2 This far exceeds everyday notions of spite or misinformation. Consequently, many viewers who interpret these cases through a true crime lens overlook the complex doctrinal hurdles that separate a salacious allegation from a legally compensable injury. Nevertheless, emotional distress, reputational fallout, and the ethics of storytelling are no longer abstract doctrinal concerns; instead, they now dominate the broader cultural conversation.

Case in Point: Depp v. Heard

Few cases illustrate this shift more vividly than Depp v. Heard. Actor Johnny Depp initiated the defamation suit against his former partner, actress Amber Heard, after she published an op-ed in The Washington Post. What began as a legal dispute over reputational harm quickly evolved into a global cultural event. Although the formal legal issues at stake centered on the boundaries of the First Amendment and the elements of defamation, the trial transformed into a hybrid of celebrity drama, legal analysis, and ideological conflict. Millions watched livestreams and participated in real-time commentary. Ultimately, it provided a real-life demonstration of how digital media influences public opinion, litigation strategy and cultural narratives (particularly those concerning #MeToo and free speech).

The Rise of IIED and the Cultural Weight of Trauma

Intentional Infliction of Emotional Distress (IIED) is another tort gaining traction in public discourse. This cause of action requires proof that the defendant engaged in conduct so extreme and outrageous that it exceeded all bounds of decency, and that conduct caused severe emotional distress. In a culture increasingly attuned to psychological harm and personal trauma, this tort has taken on new resonance.

Another Case in Point: The Tinder Swindler

In the documentary called The Tinder Swindler, filmmakers recount the stories of women who were unknowingly emotionally and financially manipulated. Although the conduct depicted does not always rise to criminal fraud, it sparked widespread debate over whether civil remedies like IIED might apply. These cultural narratives heighten awareness of emotional injury, but they also risk distorting public expectations of the law. IIED does not apply to mere offense or embarrassment; it requires truly outrageous behavior and emotional distress of a medically significant nature.3 As public conversations about trauma evolve, courts and legislatures must balance cultural awareness against the need to preserve doctrinal integrity.

From Law School to Livestream: Evolving Legal Education and Practice

The dramatization of legal issues is not new. Films like The Social Network and Legally Blonde turned civil wrongs into entertainment long before a TikTok algorithm took over. But today’s audiences engage with the law in fundamentally different ways, perhaps because viewers are no longer passive observers. TikTok users break down courtroom exchanges; Reddit posters dissect legal findings line by line; YouTube creators monetize legal commentary for their subscribers. The law is no longer simply watched; rather, it is analyzed, reinterpreted, and performed in real time. This convergence of law and culture raises pressing questions for the legal community:
  • What does it mean to represent a client whose legal claims are litigated simultaneously in court and on social media?
These questions have no simple answers, but they underscore the evolving role of the lawyer, who is not merely a legal advisor, but also a public communicator and an educator. In fact, a lawyer must now navigate both the formal demands of legal procedure and the informal forces of digital media, including hashtags, headlines, and the unrelenting tide of online opinion, to zealously represent their client.

Lawyers as Educators in the Digital Age

Legal education must keep pace with the digital era. Torts courses should expand beyond traditional doctrines to address emerging harms, such as cyber harassment and reputational algorithmic suppression. Doctrinal clarity remains essential, but educators must pair it with a deeper understanding of how tort law functions within broader cultural and technological ecosystems. The viral life of torts presents a unique opportunity: legal education can now reach the public in real time. When terms like “actual malice” or “outrageous conduct” trend on Twitter, they create teachable moments. Legal scholars and practitioners can step into those moments by: In this way, cultural engagement does not trivialize the law. Instead, it reinforces legal literacy and expands public understanding of foundational legal concepts. can serve as a powerful tool for legal literacy rather than trivialization of the law.

Conclusion: Law, Culture, and the Future of Torts

Tort law no longer confines itself to classrooms or courtrooms. It now lives in comment sections, podcasts, and digital storytelling. Celebrity trials and streaming documentaries have turned torts into cultural touchstones by shaping and being shaped by the stories that surround them. For law students and practicing lawyers alike, this cultural entanglement is essential to the modern practice of law. More broadly, the shifting terrain of tort law offers a revealing lens into how society defines harm, assigns blame, and seeks justice. If the current era teaches us anything, it’s that the law does not, and should not, stand immune from cultural currents. As torts go viral, they challenge us examine how legal norms operate in a world saturated with stories, symbols, and screens. But this responsibility doesn’t rest on lawyers alone. The public, too, plays a role in shaping a more informed legal culture. So, keep asking questions, keep reading, and stay engaged, whether it’s by following emerging cases, exploring legal commentary, or diving into resources like these blogs featured on Christensen & Jensen. After all, an informed public is not just a passive audience to the law; it’s an active participant in shaping the future of justice. Citations: [1] Alex McDonald. An American Obsession: The Evolving Genre of True Crime (Nov. 18, 2022) The Politic. [2] The United States Supreme Court has held that the First Amendment requires the standard of fault to be actual malice for claims involving public officials, see New York Times Co. v. Sullivan, 376 U.S. 254 (1964), and public figures, see Curtis Publ’g Co. v. Butts, 389 U.S. 889 (1967). [3] Samms v. Eccles, 11 Utah 2d 289, 358 P.2d 344 (1961); White v. Blackburn, 787 P.2d 1315 (Utah Ct. App. 1990); Nelson v. Target Corporation, 334 P.3d 1010 (Utah App. 2014); Anderson Development Company v. Tobias, et al, 116 P.3d 323 (Utah 2005)

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