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.