Sample Utah Rental Lease Agreement
Utah Rental Lease Agreement
If you’re looking for rental space in the state of Utah, or you’d like to venture into real estate, you may want to go through the rental laws set by the state.
The Official Rules and Regulations
Real Estate: Utah Code Ann §§ 57
Residential Renter’s Deposit: Utah Code Ann §§ 57-17
Utah Fit Premises Act: Utah Code Ann §§ 57-22
Small Claims Court: Utah Code Ann §§ 78A-8
The Statute of Limitations: Utah Code Ann §§ 78B-2
Particular Proceedings: Utah Code Ann §§ 78B-6
Unlawful detainer by the tenant for a term less than life: Utah Code Ann §§ 78B-6-802
The Renter’s Handbook
The rental lease agreement in Utah doesn’t set any limits for the security deposit maximum.
The deadline for returning the security deposit is 30 days after the termination of the tenancy or within 15 days after the receipt of the renter’s new mailing addresses; whichever is later.
The state rental laws allow landlords to set nonrefundable deposits but only if disclosed in writing at the time of acceptance of the deposit.
However, the state of Utah doesn’t have a statute for the security deposit interest. It also has no statute for setting up separate security deposit bank accounts, and pet deposit and extra fees.
A landlord doesn’t have to issue an advance notice of withholding.
It is a requirement that landlord creates a move-in condition checklist, as well as a move-out checklist or an itemized list of damages and charges.
The state has no statutes for record-keeping of deposit withholdings or the receipt of the deposit.
In case of noncompliance: the landlord, owner or the agent will have to recover the full amount of deposit, pay a civil penalty of $100, and also incur the court and attorney costs.
Lease, Fees, and Rent
No statutes exist for when rent is due, how long a rent increase notice is, how long the rent grace period lasts, if prepaid rent is allowed, or if the landlord charges late fees.
However, returned checks attract a $20.
The Utah rental lease agreement allows tenants to withhold rent if the landlord fails to provide the basic services like heat and water.
The tenant can also repair then deduct rent
The landlord can recover court and attorney fees
But, the state lacks statutes determining if the landlord should make a reasonable attempt to mitigate any damages, or even make attempts to re-rent.
Notices and Entry
The notice for terminating a tenancy for a lease with no end date is 15 days, but the state of Utah has no statute for the issuance of lease termination notices for fixed-end date leases.
For termination of monthly leases, a landlord has to issue a 15-day notice.
Termination of leases for nonpayment and lease violation require 3-day notices.
The state has no statutes requiring the issuance of notices of time or date of move out inspections
Unless stated otherwise in the lease agreement, a 24-hour notice is required before entry.
Entry is allowed, with notice, for non-emergency repairs and maintenance works
The statutes do not indicate if the entry is allowed, with notice for showing, if an emergency entry is allowed, without any notice, if the tenants should be notified of pesticide use, or if the landlord is allowed during a tenant’s extended absence.
Lockouts and utility shut-offs are not permissible.
If a tenant abandons the premises, the landlord can assume the abandonment if:
The rent is 15 days overdue, and the tenant’s possessions are still in the unit, and when no reasonable evidence points to the tenant living in the unit.
Is rent is overdue for one or more days, and the tenant’s possessions are no longer on the premises, and no reasonable evidence points to the tenant still living in the unit.
If the tenant abandons their property, the landlord could remove the property from the premises, store the property, or even recover the actual moving and the storage costs of the property on behalf of the tenant.
After doing these, the landlord needs to post and mail a notice at a conspicuous place and send it by first class mail to the tenant’s last known address.
The tenant will have 15 calendar days to retrieve their property, from the date of the invoice, only if the tenant tenders payments for all incurred costs.
If the tenant fails to claim the property within the 15 days, the landlord/ owner may sell the property at a public sale, applying the proceeds to any amounts owed by the tenant. Donation to charity is also an option.
However, personal property does not refer to motor vehicles.
Disclosures and Miscellaneous Notes
This has details on the owner’s duties, the names and addresses of property owners, renter’s duties, a copy of the lease and the rules, domestic violence situations, itemized list of prior damages, Lead exposure, and trash removal.
Utah’s small claims court has its limits set at $10,000 and, it doesn’t allow eviction cases.
Some cities and counties may require the license but, Utah doesn’t have any statewide requirements for business licenses.
If you are a renter or an owner looking for fast processing of your Utah rental lease agreement form, let us help you.
UT Rental Lease Agreement
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