Free Utah Rental Lease Agreement


Sample Utah Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Utah, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Utah, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Utah.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Utah (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Utah, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Utah, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Utah, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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

Security Deposit

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.

Court matters

Utah’s small claims court has its limits set at $10,000 and, it doesn’t allow eviction cases.

Business licenses

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.

Sample

UT Rental Lease Agreement

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