Under Utah law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Utah Code Title 57, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Utah, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Utah’s habitability requirements:
Item | Has to Provide? | Has to Fix/Replace? |
---|---|---|
Heating/AC | Only Heating | Yes |
Hot Water | Yes | Yes |
Kitchen Appliances | No | Only If Provided |
Garbage Containers/Removal | Only for 3+ Unit Buildings | Only for 3+ Unit Buildings |
Smoke and Carbon Monoxide (CO) Detectors | Yes | Usually Only Smoke |
Mold | N/A | Yes |
Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually (reporting) report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Utah, landlords must make repairs within 1-10 days after getting written notice from tenants, depending on the specific issue. If repairs aren’t made in a timely manner, tenants can either cancel the lease and move out (called “rent abatement” in Utah), or do repairs and deduct the cost from the rent. Either option must be mentioned specifically to the landlord in the written notice that requests repairs. Read more
Landlords in Utah are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict tenants as a form of retaliation or for discriminatory reasons.
It’s illegal for Utah landlords to retaliate by evicting or refusing to renew the lease of a tenant who makes a protected complaint about the landlord’s violations of a legal responsibility.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: Tenants who wish to terminate a lease must give the following amounts of notice:
Rent Payment Frequency | Notice Needed |
---|---|
Week-to-Week | No statute |
Month-to-Month | 15 Days |
Quarter-to-Quarter | No statute |
Year-to-Year | No statute |
Early Termination: If a Utah tenant wishes to break a lease early, they may do so legally for the following reasons:
If a Utah tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Utah does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Utah does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give 15 days’ notice before a rent increase.
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability. These rules do not apply to homes operated by religious organizations or some owner-occupied homes. Utah state law has extra protections based on source of income.
Discriminatory Acts & Penalties: The Utah Labor Commissions Antidiscrimination and Labor Division handles housing discrimination cases. The following behaviors have been flagged as possibly discriminatory when directed at a member of a protected class:
If a tenant is the victim of discrimination in housing, they can file a complaint with the state department on their website. If the complaint is determined to be justified, then the tenant may use the ruling as the basis for civil litigation.
In addition to having laws that address general issues like repairs and security deposits, most states, including Utah, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Utah landlords can enter a rental property for legally required repairs, inspections, and other purposes reasonably related to the rental. They must give tenants at least 24 hours of notice before any entry (except in emergencies).
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $15,000. Utah Small Claims Court is a division of Justice Court. The process takes approximately one to two months.
Utah landlords are required to make the following mandatory disclosures:
Utah tenants can change their locks unless the rental agreement says otherwise. They can also (at their own expense) require the landlord to perform a lock change if they are victims of domestic abuse. Landlords are not allowed to unilaterally change locks on a tenant, as this is considered a form of illegal “self help” eviction.
Many cities in Utah have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Salt Lake City has a landlord-tenant initiative that raises the standard of rental homes in the city. Landlords in this voluntary program must follow an enhanced set of dwelling management standards that are stricter than those laid down by the state.
Can a Landlord Enter Without Permission in Utah? Utah landlords are allowed to enter rental property without the tenant's permission, for purposes reasonably related to the tenancy (such as repairs). It's a legal violation for a tenant to unreasonably refuse an entry that's for a valid purpose. Read more » Is Utah a “Landlord Friendly” State? Utah is a somewhat landlord-friendly state. The state does not have rent control, and landlords can evict on a short timeline. However, regulations are stricter than some other states in areas like notice before a landlord entry. Read more » What Are a Tenant’s Rights in Utah? Utah tenants have the right to habitable housing, and the right to specific advance notice before a landlord enters the property they are renting. If the landlord violates these rights, tenants can often cancel the rental agreement or deduct from the rent. Read more » Can a Tenant Change the Locks in Utah? Utah tenants are allowed to change their locks, if the rental agreement doesn't say otherwise. They aren't allowed to deny the landlord reasonable access to the rental property, so in most cases they must promptly give copies of any new keys to the landlord. Read more »