What types of rental accommodations are covered by legislation governing residential tenancies in Utah?
Utah landlord tenant law covers rental agreements and leases for residential rental premises, such as houses, apartments, suites, and similar accommodation. If a tenant is renting a mobile home in a mobile home park (as opposed to a resident who owns the mobile home and is only renting the lot), the same laws apply as if the tenant was renting a house or apartment. While much of the landlord and tenant laws also apply to owners of mobile homes who rent space for their mobile homes, eviction procedures are different in some ways.
Tenants who live in subsidized housing have special rights that are set out in the Code of Federal Regulations.
Is it necessary to have a written lease or rental agreement?
Many rental agreements, particularly those for month-to-month tenancies, are oral. An oral agreement should address the same matters as a written lease. The courts will generally uphold an oral agreement, however, leases for renting property for more than 1 year MUST be in writing in order to be enforceable.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord can charge a security deposit to compensate for unpaid rent, damages beyond reasonable wear and tear, cleaning and other costs provided for in the rental contract.
Under Utah law, a landlord must return a tenant's deposit within 30 days after the tenancy ends, or within 15 days after the landlord's receipt of the tenant's new address, whichever is later. If there is damage to the premises, the 15-day period is extended to 30 days. If the landlord retains any portion of the deposit, s/he must also provide a detailed statement of the deductions to the tenant with the balance of the deposit.
If there is a written lease agreement and if any part of the tenant's deposit is to be non-refundable, this must be stated in writing to the tenant at the time the deposit is paid.
When is the landlord allowed to increase the rent?
The landlord must give at least 15 days written notice of any changes in a month-to-month rental agreement, including a rental increase. There is no rent control to limit how often or how much the landlord can raise the rent.
How can a lease be terminated?
A lease for a specified period of time expires at the end of the lease term and cannot be terminated earlier unless the parties agree. A month-to-month tenancy can be terminated by either party giving at least 15 days written notice to the other party, unless there is a written lease which specifies a different notice period.
Can a tenant assign a lease or sublet the premises?
Typically this would be addressed in the rental agreement. There is no law prohibiting a tenant from assigning a lease or subletting to a subtenant, as long as the landlord agrees. Tenants should get consent in writing from the landlord before assigning or subletting.
When is the landlord permitted to enter the premises?
Except in the case of emergency, the landlord must give the tenant at least 24 hours written notice in order to enter the premises to inspect the unit, make repairs or alterations, provide necessary services or show the unit to prospective tenants or purchasers. The landlord may enter only at reasonable times as agreed to by the tenant. The tenant cannot unreasonably withhold consent for the landlord to enter.
On what grounds can a landlord evict a tenant?
There are several grounds on which a tenant can be evicted, including failure to pay the rent, damage to the premises, disturbing other tenants or neighbors, violating building and health codes, violating a provision of the lease, illegal activities on or around the premises.
The landlord must first serve an eviction notice on the tenant. If the tenant fails to cure the problem in the time allotted, the landlord can file an eviction action in court. If the court finds for the landlord, the judge will enter an order for the tenant's eviction by a sheriff.
A tenant can be evicted regardless of whether s/he has children, is pregnant, is out of work or has nowhere else to go.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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