Free Utah Residential Lease Agreement
A configurable Utah residential lease agreement that generates a signable multi-page PDF. Built to the Utah Fit Premises Act — no deposit cap, a thirty-day return with a statutory tenant notice behind it, and an entry rule the lease itself may vary.
A Utah residential lease agreement is the written contract governed by the Utah Fit Premises Act at Utah Code 57-22-1 and following, together with the Residential Renters’ Deposits chapter at 57-17-1 and the Forcible Entry and Detainer part at 78B-6-801. Utah is not a uniform-act state, and the difference shows in a way that no imported template survives. There is no cap on the security deposit at all. The famous thirty-day return is only the first half of the rule — the renter’s remedy does not exist until the renter serves a statutory notice in prescribed form, and a renter who never serves it gets nothing. The twenty-four-hour entry notice is expressly subject to whatever the rental agreement provides. And Utah Code 57-22-4(9) removes the private cause of action for most of the owner’s duties under that chapter, which means the enforceable version of those duties is the one written into the lease. In Utah, more than in almost any other state, the lease is the law between the parties.
Utah Lease Rules at a Glance
Security Deposit Cap
None
Deposit Return
30 Days
Entry Notice (default)
24 Hours
Month-to-Month Notice
15 Days
Four Utah Rules That Catch Landlords and Tenants Out
First, the deposit deadline is a two-step process. Utah Code 57-17-3(2) gives the owner thirty days from the day the renter vacates and returns possession; if that is missed, 57-17-3(3) puts the next move on the renter, who must serve a prescribed notice before any penalty arises. Second, prepaid rent travels with the deposit. The same thirty days covers the balance of any prepaid rent, and 57-17-5 makes the sanction the full deposit plus the full prepaid rent plus a civil penalty of one hundred dollars — not a multiple of what was withheld. Third, the entry notice is a default, not a floor. Utah Code 57-22-4(2) opens “except as otherwise provided in the rental agreement”, so a Utah lease that says nothing about entry is choosing twenty-four hours by omission. Fourth, the repair remedy is forfeited by arrears. Utah Code 57-22-6(4)(b) denies a renter every remedy unless the renter is in compliance with all of 57-22-5 — which includes being current on every payment the agreement requires.
How to Fill Out This Utah Lease Agreement
1. Disclose before you take any money
Utah Code 57-22-4(3) requires a written disclosure before the owner accepts an application fee or any other payment: a good faith estimate of rent and of each fixed non-rent expense, the type of each use-based expense, the availability date, the screening criteria, and the process for getting money back. This is the only Utah duty that bites before anyone signs anything.
2. Name the owner, the manager and the notice agent
Utah Code 57-22-4(7)(a) wants a name, an address and a telephone number — and, where the manager has no authority to receive notice, a separate person who does. Most templates ask for a name and address and stop.
3. Describe the premises and count the units
A building with more than two residential rental units attracts the waste-receptacle duty in Utah Code 57-22-4(1)(b)(v); one or two units does not. An existing air conditioning system attracts the operable-condition duty in 57-22-4(1)(b)(iii); a unit without one attracts nothing, because Utah requires maintenance of a system rather than installation of one.
4. Set rent, the late fee and every other charge
Utah Code 57-22-4(5)(b) bars any fee, fine, assessment, interest or other cost that is not in the agreement or exceeds the agreed amount. A charge you forget to list is a charge you cannot make.
5. State any nonrefundable portion when you take the money
Utah Code 57-17-2 requires a nonrefundable portion to be stated in writing to the renter at the time the deposit is taken. Timing is the substance of that rule, and there is no way to cure it afterwards.
6. Choose one of the three move-in condition methods
Utah Code 57-22-4(6) is an election of three: a written inventory, a condition form with a reasonable time to complete and return it, or a walkthrough opportunity. The form asks which one, because the record that survives a deposit dispute is different in each case.
7. Set the entry notice deliberately
Twenty-four hours is what applies when the lease is silent. Because Utah Code 57-22-4(2) lets the agreement provide otherwise, this is a term to decide rather than inherit.
8. Generate, sign, and deliver an executed copy with the rules
Utah Code 57-22-4(7)(b) requires the owner to hand over an executed copy of the agreement and a copy of any rules and regulations. Utah requires no witnesses and no notary.
Build Your Utah Residential Lease Agreement
Complete the fields below to generate a Utah residential lease agreement as a signable multi-page PDF. Every field you fill is written into the document, including the utility allocations, the entry election and each disclosure you check, and the generated lease cites the controlling Utah section at each point. Before handing over keys, run proper tenant screening — and note that in Utah the screening criteria themselves must be disclosed in writing before you take an application fee. Pair the signed lease with a Utah move-in / move-out checklist, because the itemized statement you owe at move-out is only as good as the condition record behind it.
Utah Residential Lease Agreement Builder
1. Parties
Utah Code 57-22-4(7)(a) requires the owner to disclose, in writing, at or before the commencement of the rental term, either the owner’s own name, address and telephone number or those of an authorized manager — plus, where the manager cannot receive notice, a person who can.
2. Premises
3. Term
A Utah fixed term ends at its expiration without any notice at all (78B-6-802(1)(a)). A periodic tenancy needs notice served fifteen calendar days or more before the end of the period. Utah Code 25-5-1 excepts leases of one year or less from the writing requirement, so a term longer than a year must be in writing.
4. Rent, Late Fees and Charges
Utah Code 57-22-4(5)(a) limits a late fee to the greater of ten percent of the agreed rent or seventy-five dollars — so on a low rent the dollar figure is a floor, not a ceiling. Under 57-22-4(5)(b) no fee, fine, assessment, interest or other cost may exceed the agreed amount or be charged at all unless it is in this agreement.
5. Security Deposit and Prepaid Rent
Utah sets no maximum on a residential deposit. What it regulates is the paperwork: 57-17-2 requires any nonrefundable portion to be stated in writing at the time the deposit is taken, and 57-17-3 gives the owner thirty days from the day the renter vacates and returns possession to send back the deposit, the prepaid rent, and an itemized written explanation of every deduction.
6. Utilities & Services
Assign each utility. Every selection is written into the generated lease. Utah Code 57-22-3(4) lets the parties allocate a duty under the Fit Premises Act to a different party by explicit written agreement signed by both, which makes these choices operative rather than administrative.
7. Owner Entry
Utah Code 57-22-4(2) reads “except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice.” The twenty-four hours is a default this lease may vary, which is why the figure below is a real election and not decoration.
8. Move-In Condition and Repair Notices
Utah Code 57-22-4(6) is an election of three, not a checklist: before the parties enter into the agreement the owner must provide a written inventory, or furnish a condition form and allow a reasonable time to return it, or offer a walkthrough. Utah Code 57-22-6(2)(b)(v) then lets this lease fix how the renter serves a notice of deficient condition.
9. Utah Disclosures
Utah’s disclosure set is small but its timing rules are strict — two of these must be delivered before money changes hands, not at signing.
10. Other Provisions
Utah does not prohibit an attorney-fee clause. It does something more interesting: Utah Code 78B-5-826 makes fee rights reciprocal by operation of law, so a one-sided clause hands the renter the mirror-image entitlement. The option below therefore generates the reciprocal prevailing-party clause, which is what the statute would make of it in any event.
What Types of Utah Lease Agreement Are There?
Utah recognizes the standard range. A fixed-term lease runs for a stated period and, under Utah Code 78B-6-802(1)(a), terminates without notice at its expiration — a detail worth pausing on, because a landlord who wants advance warning that a tenant is leaving, or a tenant who wants warning of non-renewal, gets neither from Utah law and must write it into the agreement. A periodic tenancy renews each period until one side serves notice fifteen calendar days or more before the end of the month or period. A tenancy at will takes not less than five calendar days. A room or roommate agreement covers one room in an occupied dwelling, a sublease passes the renter’s interest onward while leaving the original renter liable, and a lease-to-own arrangement adds a purchase option that sits outside the Fit Premises Act.
Three categories fall outside this form, and one of them is a persistent source of error in Utah write-ups. A commercial lease is not governed by the Fit Premises Act. Facilities in a boarding or rooming house, and recreational property rented on an occasional basis, are excluded by the definition in Utah Code 57-22-2(5). And a mobile home lot is excluded by that same definition and governed instead by the Mobile Home Park Residency Act at Title 57 Chapter 16, with Utah Code 78B-6-802(3) sending its unlawful detainer there as well.
That last exclusion matters more than it sounds. Chapter 16 is the Utah chapter that contains the things the Fit Premises Act does not: an anti-waiver rule at Utah Code 57-16-12, a just-cause termination list, and a set of required lease contents. Because those are the provisions a reader instinctively expects a landlord-tenant chapter to contain, they are exactly the provisions that get borrowed across. They do not apply to an ordinary Utah residential lease.
Whatever the type, Utah says what happens if the keys are not there on the day. Utah Code 57-22-4.1 provides that where the owner fails to deliver possession on the date in the rental agreement, the renter may terminate by written notice — or, choosing not to terminate, rent abates until possession is delivered. On termination under that section the owner must return all prepaid rent and any security deposit as promptly as reasonable. It is a short section and an unusually clean one: the renter does not have to prove loss, and the abatement is automatic rather than something to be claimed.
One drafting note. Utah Code 25-5-1 excepts “leases for a term not exceeding one year” from the requirement that an estate or interest in real property be created in writing, and Utah Code 25-5-4(1)(a) separately voids any agreement that by its terms cannot be performed within one year unless it is written and signed by the party to be charged. So a Utah lease of a year or less may be oral; a longer one must be written. Utah requires no subscribing witnesses and no notarization either way.
How Much Can a Utah Landlord Charge for a Security Deposit?
There is no limit. Utah sets no statutory maximum on a residential security deposit. Title 57 Chapter 17 of the Utah Code — the Residential Renters’ Deposits chapter — runs to five sections in total, and not one of them caps the amount.
What the chapter does instead is regulate the paperwork and the exit. Utah Code 57-17-1 states the basic obligation: on termination of the tenancy the owner or designated agent must either return the deposit or give the renter written notice explaining why any refundable deposit is being retained. Utah Code 57-17-4 then binds whoever holds the owner’s interest at termination, so selling the building does not strand the money. The substance sits in 57-17-2, 57-17-3 and 57-17-5, and each of them is about timing and form rather than quantum.
Two practical consequences follow from the absence of a cap. First, the constraint on a Utah deposit is market competition, not statute, and a landlord asking two or three months is not breaking any Utah rule. Second, and less obviously, Utah has no “however denominated” provision of the kind that sweeps prepaid rent and relabelled fees into a capped total in other states — so the reason to keep deposit, prepaid rent and any nonrefundable portion in separate line items is not cap compliance but the return rules, which treat them differently. The deeper treatment is in our Utah security deposit laws guide.
How Long Does a Utah Landlord Have to Return the Deposit?
Thirty days — running from the return of possession. Utah Code 57-17-3(2) requires that, no later than thirty days after the day on which a renter vacates and returns possession, the owner or the owner’s agent mail or deliver to the renter at the renter’s last known address, or send electronically by a means the renter provided, three things:
- the balance of any deposit;
- the balance of any prepaid rent; and
- where any deduction was made, a written notice that itemizes and explains the reason for each deduction.
Three details in that sentence are routinely lost in summary. The clock runs from vacating and returning possession, not from the end of the lease term — a tenant who moves out early and hands back the keys starts it early. It is not triggered by a forwarding address; at least one ranking page states that the thirty days runs “from the time the landlord receives the tenant’s forwarding address”, and Utah has no such trigger, so a landlord waiting for one is already late. And prepaid rent carries the same deadline as the deposit, which means a landlord who returns the deposit promptly but sits on last month’s rent has missed the statute just as surely.
What may be deducted is set out in Utah Code 57-17-3(1): unpaid rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, and cleaning of the unit. The phrase “provided for in the contract” is doing real work — a cost the lease never mentions is not a permitted deduction, which loops back to the rule in 57-22-4(5)(b) that a charge not in the agreement may not be made at all. Our Utah security deposit itemization form builds the statement, and the Utah security deposit return letter handles the covering delivery.
What Happens If a Utah Landlord Misses the Thirty Days?
Nothing — not automatically. This is the single largest gap between what Utah law says and what the pages currently ranking for this query say, and it runs in the tenant’s disfavour.
Utah Code 57-17-3(3) provides that if the owner fails to comply with the thirty-day requirements, the renter may serve a notice. The remedy in 57-17-5 is then keyed to that notice, and 57-17-5(3) closes the loop in one sentence: a renter is not entitled to relief under this section if the renter fails to serve a notice in accordance with Subsection 57-17-3(3). A Utah tenant whose deposit never came back, who waits and then sues, can lose on that point alone.
The notice is not free-form. Utah Code 57-17-3(3) requires it to state the names of the parties to the rental agreement, the day the renter vacated, that the owner has failed to comply, and the address where the owner may send the money and the itemization — and to be substantially in the form the statute prints, captioned TENANT’S NOTICE TO PROVIDE DEPOSIT DISPOSITION. That printed form carries a return of service and a self-authentication declaration under the Uniform Unsworn Declarations Act in Title 78B Chapter 18a.
Service is prescribed too. Under Utah Code 57-17-3(4) the notice must be served by personal delivery to the owner or the owner’s agent at the address provided in the lease agreement; or, if that person is absent, by leaving a copy with a person of suitable age and discretion there; or, if no such person can be found, by affixing a copy in a conspicuous place there; or by registered or certified mail to that address. Note what every one of those routes depends on: an address in the lease. A Utah lease that omits the owner’s address does not just breach 57-22-4(7)(a) — it leaves the renter without a place to serve the notice that unlocks the remedy.
Then Utah Code 57-17-3(5) gives the owner five business days after service to comply. Only if the owner still fails does Utah Code 57-17-5(1) allow the renter to recover the full deposit, the full amount of any prepaid rent, and a civil penalty of one hundred dollars, and to file an action to enforce compliance. Note the shape of that: it is not “twice the amount wrongfully withheld”, which is what several secondary summaries report. It is the whole deposit and the whole prepaid rent regardless of what was legitimately deductible, plus a fixed penalty. On a small wrongful deduction that is far harsher than a doubling; on a large one it is far milder.
Fees follow their own rule here. Utah Code 57-17-5(2) provides that in an action under that section the court shall award costs and attorney fees to the prevailing party only if it determines that the opposing party acted in bad faith. A landlord who simply got the arithmetic wrong is not obviously in bad faith. Finally, Utah Code 57-17-5(4) preserves any other damages either party may be entitled to, so the section is a floor rather than an exclusive code.
Can a Utah Landlord Keep Part of the Deposit as Nonrefundable?
Yes — if it is stated in writing at the moment the money is taken. Utah Code 57-17-2 is a single sentence: if there is a written agreement and any part of the deposit is to be made non-refundable, it must be so stated in writing to the renter at the time the deposit is taken by the owner or designated agent.
Two ranking pages describe this as a receipt requirement — one saying the landlord “is only required to provide a receipt if a portion of the security deposit is non-refundable”, another that landlords “are not required to provide tenants with a written receipt”. Neither reading survives the text. The statute requires no receipt at all. It requires a statement, and it fixes the moment: at the time the deposit is taken. A receipt written afterwards, a clause discovered later in the lease, or an explanation given at move-out does not satisfy it, and Utah gives no mechanism to cure the omission.
The practical drafting consequence is that a Utah landlord intending any nonrefundable portion should put the amount and its purpose in the same document the renter signs when the money changes hands, not in a schedule delivered later. The form above asks for the amount and the stated purpose separately for exactly that reason.
How Much Can a Utah Landlord Charge in Late Fees?
The greater of ten percent of the rent agreed in the rental agreement, or seventy-five dollars. Utah Code 57-22-4(5)(a) provides that an owner may not charge a renter a late fee that exceeds the greater of those two figures.
Because the statute takes the greater, the dollar figure operates as a floor on a low rent, not as a ceiling. One ranking page writes that Utah late fees can be as much as ten percent of the monthly rent, and then adds in parentheses that this is capped at seventy-five dollars, which inverts the rule — it converts a floor into a cap and understates what a landlord on a modest rent may lawfully charge. The same page states the rule correctly a few paragraphs later, which is its own kind of warning about relying on secondary summaries.
Utah requires no grace period. A landlord may charge the fee as soon as rent is late unless the lease says otherwise, and any grace period in a Utah lease is a contractual concession rather than a statutory entitlement. See our Utah late fee laws guide and, for the notice itself, the Utah late rent notice.
What Other Fees Can a Utah Landlord Charge?
Only what the rental agreement says, and only in the amount it says. Utah Code 57-22-4(5)(b) forbids an owner to charge a renter a fee, fine, assessment, interest or other cost that is either in an amount greater than the amount agreed in the rental agreement, or not included in the rental agreement at all. There is one exception, and it is narrow: where the agreement is month-to-month, the owner may introduce a charge on fifteen days’ notice of it.
Read alongside Utah Code 57-22-4(8), which preserves any fee allowed by law or stated in the rental agreement, the structure is a straightforward one: enumerate every charge, or forfeit it. That is why the form above asks for “every other recurring or one-off charge” as a single explicit field rather than leaving it to a catch-all clause.
Returned payments deserve separate mention, because this is where Utah write-ups reach for the wrong body of law. One ranking page states that in Utah returned check fees max out at twenty dollars. That figure comes from Utah Code 7-15-1, which sits in Title 7, the Financial Institutions Act, in a chapter titled Dishonored Instruments. It is a general commercial provision making the issuer of a dishonoured check liable to the holder — any holder, for any check — and it is not a landlord-tenant rule at all. Nor is the service charge a ceiling: after the prescribed written notice in Utah Code 7-15-2, the same chapter adds collection costs, and on suit, statutory damages set at the greater of a fixed sum or triple the check amount, subject to a cap, plus interest, court costs and attorney fees. A Utah landlord who wants a returned-payment charge has two separate routes: state one in the lease under 57-22-4(5)(b), or follow the Title 7 notice procedure. Writing “NSF fee per Utah Code 7-15-1” into a lease and simply charging it does neither properly.
What Must a Utah Landlord Disclose Before Taking an Application Fee?
This is the Utah duty with the earliest trigger and the least coverage anywhere in the SERP. Utah Code 57-22-4(3) provides that before an owner accepts an application fee or any other payment from a prospective renter, the owner shall disclose in writing:
- a good faith estimate of the rent amount and of the amount of each fixed, non-rent expense that is part of the rental agreement;
- the type of each use-based, non-rent expense that is part of the rental agreement;
- the day on which the unit is scheduled to be available;
- the criteria the owner will consider in determining the prospective renter’s eligibility, including criteria related to criminal history, credit, income, employment or rental history; and
- the requirements and process for the prospective renter to recover money paid.
The distinction between a fixed non-rent expense and a use-based one is deliberate: the fixed ones need an amount, the use-based ones need only their type, because their amount is not knowable in advance. Utah Code 57-22-4(3)(b) allows the estimate to be delivered through the rental application, a deposit agreement or a written summary, so no particular document is prescribed — only that it exist and precede the money.
The enforcement sits in Utah Code 57-22-4(4). Where an amount in the good faith estimate differs from the amount in the rental agreement, or the agreement contains a type of use-based expense that was never disclosed, the prospective renter may make a written demand for the return of everything paid — provided the demand is made within five business days of receiving the rental agreement, and provided that at that moment the renter has neither signed nor taken possession. The owner must then refund within five business days of the demand.
For a screening business this is the most product-relevant provision in the Utah code. It means the eligibility criteria have to be written down and given out before the fee is collected, and it means a mismatch between the quoted numbers and the lease is refundable on demand. Our Utah tenant screening laws guide goes further into the criteria side.
Which Disclosures Does Utah Actually Require?
Six under state law, plus one federal — and unusually, most of them are procedural or timing obligations rather than hazard warnings.
Owner and manager identification — Utah Code 57-22-4(7)(a). At or before the commencement of the rental term the owner must disclose in writing either the owner’s own name, address and telephone number, or those of a person authorized to manage the unit, and, where the manager has no authority to receive notice under the chapter, of a person authorized to act for the owner in receiving notice or performing the owner’s duties. The telephone number is part of the statutory list, and the address is the same address on which service of the deposit notice under 57-17-3(4) depends.
An executed copy and the rules — Utah Code 57-22-4(7)(b). The owner must provide an executed copy of the rental agreement where it is written, and a copy of any rules and regulations applicable to the unit. Both, not either.
Pre-payment disclosure and screening criteria — Utah Code 57-22-4(3). Covered in full above. Due before any money is accepted.
Move-in condition — Utah Code 57-22-4(6). Before the parties enter into the rental agreement the owner must do one of three things: provide a written inventory of the condition of the unit excluding ordinary wear and tear; furnish a form for the renter to document the condition and allow a reasonable time after occupancy to complete and return it; or provide an opportunity to conduct a walkthrough inspection. It is an election of three, not a checklist of three, and the form above asks which one so the generated lease records it accurately.
Nonrefundable deposit statement — Utah Code 57-17-2. Required whenever any part of the deposit is nonrefundable, and required at the time the deposit is taken.
Methamphetamine contamination — Utah Code 57-27-201(1). Where an owner or lessor has actual knowledge that the property is currently contaminated from the use, storage or manufacture of methamphetamines, the owner or lessor must disclose that contamination in a real property lease, conveyance or other transaction. Utah is one of the few states whose contamination statute names the lease and the lessor in its own words rather than speaking only of a transferor and a purchaser, which is worth noting because in several other states the equivalent chapter governs sales and does not reach a tenancy at all.
Two limits on that disclosure are widely misreported. The trigger is actual knowledge of current contamination, not knowledge that the drug was once used there. And under Utah Code 57-27-201(2)(a) the owner or lessor may report the property to a government agency responsible for monitoring decontamination — that is permissive. It becomes compulsory only where the property was reported in a police action related to manufacturing, which routes the owner into the Illegal Drug Operations Site Reporting and Decontamination Act at Title 19 Chapter 6 Part 9. At least one ranking page states that a Utah landlord “must disclose this information to the tenant and the state“, which converts a permission into a duty. Utah Code 57-27-201(3) allows a civil action to enforce the chapter, and lets the court award a prevailing party damages, court costs and reasonable attorney fees.
Lead-based paint — federal. Any dwelling built before 1978 requires the federal disclosure, the EPA pamphlet, and any known records or reports. Our Utah lead-based paint disclosure form handles it.
Utah requires nothing else. Duties around radioactive soil gas, floodplain status, insect infestation, fibrous insulation, nearby munitions ranges, pending demolition and the offender registry are other states’ requirements and have no Utah counterpart. A landlord is free to disclose mold or anything else voluntarily, and the form above offers a mold block clearly labelled as not required by Utah statute, but nothing turns on it as a matter of Utah law.
How Much Notice Must a Utah Landlord Give to Enter?
Twenty-four hours — unless the lease says otherwise. The whole of Utah’s residential entry law is one sentence, Utah Code 57-22-4(2), and it opens with the qualifier that every ranking page drops:
“Except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice of the owner’s entry into the renter’s residential rental unit.”
Read the qualifier and the rule changes character entirely. Twenty-four hours is a default that fills a gap, not a statutory floor the parties may not go below. A Utah lease that is silent on entry has chosen twenty-four hours by omission; a Utah lease that specifies a different arrangement has displaced it. That is a materially different legal position from the one described by every page currently ranking for this query, all of which state a flat twenty-four-hour requirement.
Two further points complete the picture. Utah Code 57-22-4(9) provides that a renter may not use the owner’s failure to comply with subsection (2) either to excuse the renter’s own compliance with the rental agreement or to bring a cause of action against the owner — so a Utah renter faced with an owner who enters without notice has no remedy under that chapter, and is left with whatever the lease provides. And on the other side, Utah Code 57-22-5(2)(c) makes it a breach of the renter’s duties to unreasonably deny access, refuse entry or withhold consent to enter for the purpose of making repairs, while Utah Code 57-22-6(2)(b)(iv) requires the renter’s own notice of deficient condition to give the owner permission to enter to fix the problem.
Practically, that combination is an argument for specificity rather than silence. Our Utah landlord entry laws guide covers the detail, and the Utah notice to enter generates the notice itself.
What Must a Utah Landlord Repair?
Utah splits the habitability duty across two sections. Utah Code 57-22-3(1) requires the owner and the owner’s agent to maintain the unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction, and provides that each unit shall have electrical systems, heating, plumbing, and hot and cold water.
Utah Code 57-22-4(1) adds the operational layer. The owner may not rent the premises unless they are safe, sanitary and fit for human occupancy, and shall maintain common areas in a sanitary and safe condition; maintain electrical systems, plumbing, heating and hot and cold water; maintain any air conditioning system in an operable condition; maintain other appliances and facilities as specifically contracted in the rental agreement; and, for buildings containing more than two residential rental units, provide and maintain appropriate garbage receptacles and arrange for waste removal, except to the extent the parties otherwise agree.
Three thresholds are worth stating plainly because they change what a given Utah landlord actually owes. The air conditioning duty attaches to any air conditioning system, which is a duty to keep an existing system working rather than a duty to install one — a distinction that matters in a state where evaporative cooling is common and central air is not universal. The waste receptacle duty attaches only at more than two units, so a duplex owner does not owe it and a triplex owner does. And “other appliances and facilities” are owed as specifically contracted, which means a refrigerator or a dishwasher is the owner’s responsibility because the lease says so, not because the statute says so.
Two limits round it out. Utah Code 57-22-3(3) disapplies the chapter to breakages, malfunctions or other conditions that do not materially affect the physical health or safety of the ordinary renter — so cosmetic and minor items are a matter for the lease. And Utah Code 57-22-3(4) provides that any duty in the act may be allocated to a different party by explicit written agreement signed by the parties. That is genuinely unusual: Utah’s habitability duties are contractible in a way that uniform-act states’ are not, and no ranking page mentions it. The word “explicit” is the constraint — a general clause making the renter responsible for “all maintenance” is not an explicit allocation of a named statutory duty.
The renter’s side is Utah Code 57-22-5: comply with health-board rules materially affecting health and safety; keep the premises clean and safe and not unreasonably burden common areas; dispose of waste safely; keep plumbing fixtures sanitary; use facilities and appliances reasonably; occupy the unit as designed and not exceed the stated occupancy without written permission; be current on all payments required by the rental agreement; and comply with every rule and requirement of the agreement, expressly including any smoking rule. The renter must not damage the premises, interfere with another renter’s peaceful enjoyment, or unreasonably refuse entry for repairs. See our Utah habitability laws guide.
What Can a Utah Renter Do About a Deficient Condition?
Utah Code 57-22-6 supplies one structured route, and its steps are conditions rather than suggestions. It is also the section the ranking pages describe least accurately.
Two corrective periods, not one. Utah Code 57-22-6(1)(a) defines the corrective period as three calendar days for a standard of habitability — that is, a condition the owner must ensure under 57-22-3(1) or 57-22-4(1)(a) or (b)(i), (ii) or (iii) — and ten calendar days for a requirement imposed by the rental agreement. A broken furnace and a broken dishwasher promised in the lease therefore run on different clocks.
The notice must choose the remedy. Under Utah Code 57-22-6(2)(b) the renter’s written notice must describe each deficient condition; state that the owner has the corrective period, expressed in the applicable number of days, to correct each one; state the renter remedy the renter has chosen if the owner does not take substantial action; give the owner permission to enter; and be served under Utah Code 78B-6-805 or as the rental agreement provides. A renter who does not choose in the notice cannot choose afterwards — and the fact that the lease may prescribe the service method is another reason a Utah lease should address it rather than leave it.
Rent abatement ends the tenancy. This is the point most secondary coverage gets backwards. Under Utah Code 57-22-6(4)(a)(i), if the renter chose rent abatement and the owner fails to take substantial action within the corrective period, rent abates as of the date of the notice, the rental agreement is terminated, the owner must immediately pay over the entire security deposit and a prorated refund of prepaid rent, and the renter shall vacate within ten calendar days after the corrective period expires. Rent abatement in Utah is an exit, not a way to stay and stop paying.
Repair and deduct is capped, and it is a deduction from future rent. Under Utah Code 57-22-6(4)(a)(ii) the renter may correct the condition and deduct what the renter paid from future rent, not to exceed an amount equal to two months’ rent, keeping all receipts and giving the owner copies within five calendar days after the beginning of the next rental period. One ranking page renders this as a right to “withhold up to 2 months’ rent for necessary repairs if the landlord does not respond or act within 24 hours of being given notice”, which is wrong three times over: it is a deduction for work actually done and paid for rather than a withholding, the two months is a cap on that deduction, and the twenty-four hours belongs to a different subsection entirely.
The twenty-four hours is the dangerous-condition rule. Utah Code 57-22-6(3) defines a dangerous condition as one posing a substantial risk of imminent loss of life or significant physical harm. It may be reported by any means reasonable in the circumstances — no prescribed form — and the owner must commence remedial action within 24 hours of receiving that notice and pursue it diligently to completion. Utah Code 57-22-6(3)(d) is explicit that such a report is not a notice of deficient condition unless it also meets the formal requirements, so a tenant who reports a gas leak by telephone has triggered the twenty-four-hour duty but has not started the corrective period.
Arrears forfeit the remedy. Utah Code 57-22-6(4)(b) provides that a renter is not entitled to a renter remedy if the renter is not in compliance with all the requirements of Utah Code 57-22-5. Because 57-22-5(1)(g) requires the renter to be current on all payments required by the agreement, a Utah renter behind on rent has neither rent abatement nor repair-and-deduct available. That is a hard rule and it is absent from every ranking page.
The owner may decline. Under Utah Code 57-22-6(4)(c), where the unit is not fit for occupancy the owner may determine not to correct and terminate the agreement instead, on written notice no later than the end of the corrective period, paying prorated prepaid rent and any deposit due within ten calendar days, and the renter may not be required to vacate sooner than ten calendar days after that notice.
Court. Utah Code 57-22-6(5) lets the renter sue after the corrective period to enforce the chosen remedy, and requires the court to endorse on the summons that the owner must appear and defend within three business days. Where the court finds the owner unjustifiably refused to correct or failed to use due diligence, the renter is entitled to damages in addition to the remedy. Utah Code 57-22-6(6) bars any claim for mental suffering or anguish under the chapter, and Utah Code 57-22-6(7) lets the court award costs and reasonable attorney fees to the prevailing party.
Finally, Utah Code 57-22-7 stops a city or county filling the gaps: no ordinance inconsistent with the chapter, and no administrative remedy that has the effect of modifying a corrective period, limiting a tenant’s remedies under 57-22-6, or modifying the owner’s habitability obligation.
Does Utah Have a Rent-Increase Notice Requirement?
No. Utah has no residential rent-increase notice statute. Both Title 57 Chapter 22 and Title 57 Chapter 17 were read in full for this page and neither contains one.
The ranking pages contradict each other on this and all three positions in circulation are wrong or unsourced. One says landlords “are not required to give any advanced notice” — correct as to statute but stated without the qualification that a periodic tenancy still has to be terminated to change its terms. Another says landlords “must give at least 15 days’ notice before a rent increase takes effect”. A third says notice must be given “15 days before the end of the month for month-to-month leases, as stipulated by Utah law”. There is no such stipulation.
What actually exists is two adjacent fifteen-day rules that are easy to mistake for one. Utah Code 78B-6-802(1)(b)(i) requires a notice to quit at the expiration of the month or period to be served fifteen calendar days or more before the end of that period — that is how a periodic tenancy is terminated, and offering new terms alongside it is how rent is changed in practice. Utah Code 57-22-4(5)(b)(ii) requires fifteen days’ notice before an owner may introduce a new charge on a month-to-month agreement — and that governs fees, fines, assessments, interest and other costs, not rent.
There is also a bill worth naming, because it reads exactly like law. H.B. 182 of the 2025 General Session, titled Rental Amendments, would have inserted a new Utah Code 57-22-4(8) requiring sixty days’ notice of an increase in the monthly rental amount, with carve-outs for month-to-month terms, low-income housing tax credit communities, federally subsidised housing, and a renter’s written agreement to a shorter period. It never became law. No enrolled act exists for it at the Legislature, and the codified text of 57-22-4 still carries the history line “Amended by Chapter 98, 2021 General Session” with its final subsection still enumerating only subsections (2) through (7) — exactly the pre-H.B. 182 numbering. Our Utah rent increase laws guide covers the practical position, and the Utah rent increase notice generates the document a landlord should still serve.
One thing Utah does say clearly: Utah Code 57-20-1 forbids a county, city or town to enact any ordinance or resolution that would control rents or fees on private residential property without the express approval of the Legislature. Utah has no rent control and no local rent stabilisation anywhere in the state.
How Does a Utah Tenancy End?
Utah Code 78B-6-802(1) sets three different endings and they are easy to conflate.
A fixed term ends at its expiration and is, in the statute’s own words, terminated without notice — whether the term was established by express or implied contract and whether written or parol. Neither side owes the other a word. One ranking page states that a Utah termination notice “typically runs at least 30 days”; there is no thirty-day period anywhere in Utah’s residential termination law.
A periodic tenancy — real property let for an indefinite time with monthly or other periodic rent reserved — ends where the owner, the owner’s designated agent, or a successor in estate has served notice requiring the renter to quit at the expiration of the month or period, fifteen calendar days or more before the end of that month or period.
A tenancy at will ends after a notice of not less than five calendar days.
Because a Utah fixed term self-terminates, the practical drafting question is whether either party wants warning. A non-renewal clause is a perfectly ordinary term to include, and our Utah notice of non-renewal and Utah tenant notice to vacate generate the documents. The tenant’s early-exit position is covered in our Utah breaking lease laws guide and Utah lease termination laws.
What Notice Comes Before a Utah Eviction?
Utah uses two different three-day clocks under one section number, and the difference between them is business days versus calendar days.
Nonpayment — three BUSINESS days. Utah Code 78B-6-802(1)(c) makes a renter guilty of unlawful detainer by continuing in possession after default in the payment of any rent or other amounts due, and after a written notice requiring in the alternative the payment of the rent and other amounts due or the surrender of the premises has remained uncomplied with for three business days after service. The notice may be served at any time after the rent becomes due. Every page currently ranking calls this a flat “3-day notice”. The business-days wording is not new — it is present in the superseded 2020 version of the section, which was pulled and checked for this page — so it has been misreported for years rather than overtaken by a recent change. Our Utah three-day notice to pay rent or quit generates it.
Everything else — three CALENDAR days. Utah Code 78B-6-802(1)(d) to (h) attach a three calendar days’ notice to: assigning or subletting contrary to the covenants of the lease, or committing or permitting waste; setting up or carrying on an unlawful business; suffering, permitting or maintaining a nuisance, including a private nuisance; committing a criminal act on the premises; and neglect or failure to perform any other condition or covenant, where the notice requires in the alternative performance or surrender. The Utah notice to cure or quit and the Utah unconditional quit notice cover those grounds.
The lease can be saved. Utah Code 78B-6-802(2) provides that after service and the running of the notice period, the renter, any subtenant in actual occupation, any mortgagee of the term, or any other person interested in the lease’s continuance may perform the condition or covenant and save the lease from forfeiture — except where the violated covenant cannot afterwards be performed, or the violation cannot be brought into compliance, in which case the notices in (1)(d) to (g) may be given.
Service. Utah Code 78B-6-805 permits personal delivery to the renter; registered mail, certified mail or an equivalent means addressed to the renter at the residence, leased property or usual place of business; if the renter is absent, leaving a copy with a person of suitable age and discretion there; or, if no such person can be found, affixing a copy in a conspicuous place on the leased property. Our Utah eviction notice laws guide walks the sequence.
The court timetable is fast. Utah Code 78B-6-807(3)(a) requires the summons to state the days within which the defendant must appear and defend, which is three business days from service unless the defendant objects and the court determines the facts warrant more. Utah Code 78B-6-810 then requires the court to expedite, to begin trial within sixty days of service of the complaint unless the parties agree otherwise, and to hold an evidentiary hearing on either party’s request within ten business days of the answer to decide who occupies during the litigation. Utah Code 78B-6-808 adds the possession-bond track, under which a landlord who files a bond can force the tenant to pay, post a counter bond, or demand a hearing within tight deadlines.
What Happens After a Utah Eviction Judgment?
Utah trebles the damages, and the trebling is mandatory. Utah Code 78B-6-811(3) provides that the court shall enter judgment against the defendant for the rent and for three times the amount of the damages assessed for forcible entry, forcible or unlawful detainer, waste of the premises during the tenancy, the amounts due under the contract, and abatement by eviction of a private nuisance. No ranking page mentions this at all.
The judgment also carries consequences beyond money. Under Utah Code 78B-6-811(1) a judgment for the plaintiff includes an order for restitution of the premises, and where the proceeding is for nonpayment or for failure to perform a condition or covenant, the judgment declares the forfeiture of the lease — which, under 78B-6-811(1)(d), does not release the defendant from the obligation to pay for the remainder of the term, subject to each party’s duty to mitigate.
Fees are mandatory and bilateral. Utah Code 78B-6-811(5)(a) provides that in an action under that chapter the court shall award costs and reasonable attorney fees to the prevailing party. That is not conditional on a lease clause and it runs both ways. Utah Code 78B-6-811(5)(b) also lets the court modify a judgment for additional amounts owed on a motion submitted within one hundred eighty days of enforcement or of the defendant vacating.
The order of restitution has its own rules, and one of them is genuinely unusual. Utah Code 78B-6-812(2) requires the order to direct the defendant to vacate and remove their property, to advise that the defendant has three calendar days after service to do so, and to advise of the right to a hearing contesting the manner of enforcement. Where a sheriff or constable carries out the removal, the tenant may not access the stored property until removal and storage costs are paid in full — except that the landlord, sheriff or constable must give reasonable access within five business days to clothing, identification, financial documents including those relating to immigration status or employment status, documents about receipt of public services, and medical information, prescription medications and medical equipment. That carve-out exists in very few states and appears on none of the ranking pages.
Utah Code 78B-6-812(4)(e) and (f) then deal with pets: a personal animal on the premises must be given to the tenant if the tenant is present, and if not, animal control must be notified, must take custody within one business day, and must post a notice at the premises saying where the animal has gone. Utah Code 78B-6-813 allows either party ten days to appeal.
And no self-help. Utah Code 78B-6-814 makes it unlawful for an owner to wilfully exclude a tenant from the premises in any manner except by judicial process. The single exception is retaking genuinely abandoned premises under Utah Code 78B-6-816(2). Utah provides no lockout, no utility shut-off and no door-removal remedy, and 78B-6-801(11) defines “wilful exclusion” as preventing the tenant from entering with intent to deprive the tenant of entry.
When Is a Utah Rental Considered Abandoned?
Utah has a two-stage abandonment mechanism, and the second stage is a genuine differentiator that no ranking page carries.
Stage one — the presumption. Utah Code 78B-6-815(1) presumes abandonment in either of two situations. The tenant has not notified the owner of an absence, fails to pay rent within fifteen days after the due date, and there is no reasonable evidence other than the presence of the tenant’s own personal property that the tenant is occupying the premises. Or the tenant has not notified the owner of an absence, fails to pay rent when due, and the tenant’s personal property has been removed with no reasonable evidence of occupancy.
Stage two — the declaration. Utah Code 78B-6-815(2) lets the owner convert that presumption into abandonment as a matter of law by serving a declaration of abandonment. The declaration must include at least a contact address for the owner, a brief factual basis for the owner’s reasonable belief, the date and time of service, and language substantially in the form the statute prints — which warns that a tenant in legal possession must dispute abandonment in writing within 24 hours of service by providing a copy to the owner at the contact address. That twenty-four-hour period excludes Saturdays, Sundays and holidays on which the Utah state courts are closed. Service, and any dispute, go under Utah Code 78B-6-805. If the tenant does not dispute in time, the declaration is prima facie evidence that the tenant has vacated and abandoned, and the tenant then bears the burden of rebutting it by clear and convincing evidence.
What the tenant then owes. Utah Code 78B-6-816(1) lets the owner retake and attempt to re-rent at a fair rental value, and makes the tenant liable either for the entire rent for the remainder of the term, or — if less — for rent accrued during the period necessary to re-rent, plus the difference between the fair rental value and the agreed rent, plus a reasonable re-letting commission and the costs of restoring the unit to its condition when rented, less normal wear and tear. The “if less” alternative applies even where the owner did not in fact re-rent.
What happens to the belongings. Utah Code 78B-6-816(2) requires the owner to post a notice conspicuously and send one by first class mail to the tenant’s last known address. The tenant may retrieve within fifteen calendar days of the notice on tendering all costs of inventory, moving and storage. After fifteen days in storage, with no reasonable effort by the tenant to recover and no court hearing pending, the owner may sell the property at public sale and apply the proceeds, or donate it to charity where that is a commercially reasonable alternative. Notice of any public sale goes to the last known address at least five calendar days beforehand.
Three qualifications are missed by the summaries that describe this simply as “store items for 15 days”. Utah Code 78B-6-816(6) lists six categories the owner need not store at all — chemicals, pests and hazardous materials; animals; gas, fireworks and combustibles; garbage; perishables; and anything that would create a hazardous condition or a pest control problem — and 78B-6-816(8) lets them be disposed of immediately on a determination of abandonment, with no recovery for the tenant. Utah Code 78B-6-816(4) puts a motor vehicle outside the section entirely. And Utah Code 78B-6-816(7) requires the owner to give a further fifteen-day extension where the tenant provides a police report or protection order for domestic violence, verification of an extended hospitalization from a verified medical provider, or a death certificate or obituary supplied by an immediate family member.
At the sale itself, Utah Code 78B-6-816(10) gives a tenant who attends the right to specify the order in which items are sold, limits the owner to selling only as much as is needed to satisfy what is due, and requires unsold property to be released. If the tenant is absent, all items may be sold and any surplus goes to the tenant where their location is known, or otherwise into the unclaimed property system.
A trespasser is not a tenant. Utah Code 78B-6-817, enacted in 2025, lets a property owner have law enforcement immediately remove a trespasser on a verified complaint in a prescribed form. It applies only where the occupant is not a current or former tenant under a written rental agreement the owner authorised, and misusing it against a tenant exposes the owner to actual damages, statutory damages equal to triple the fair market rent, court costs and attorney fees. It is not an eviction shortcut.
What Rights Do Crime Victims and Domestic Violence Victims Have?
Utah Code 57-22-5.1 is the chapter’s longest section and it does three separate things.
New locks. A renter who is a crime victim — the definition covers domestic violence, stalking, sexual offenses, burglary and aggravated burglary, and dating violence — may require the owner to install a new lock, on providing acceptable documentation and paying the cost of installation. Acceptable documentation is a protective order issued after a hearing of which both parties had notice, or a copy of a police report. The owner may rekey a lock in good working condition or replace the whole mechanism with one of equal or greater quality, and may keep a copy of the key. Critically, notwithstanding any rental agreement, the owner must refuse to give a copy of the key to the perpetrator. A perpetrator who is a renter on the agreement and not barred by a protective order may petition a court within thirty days, but may not be relieved of liability if the court finds they committed the act.
Termination by a victim of domestic violence. A renter who is a victim of domestic violence may terminate all future obligations by satisfying four conditions: being in compliance with all obligations under the agreement including Utah Code 57-22-5; giving the owner either a court order protecting the renter or a police report documenting that the renter is a victim and is not the predominant aggressor; giving written notice of termination stating the intended vacating date; and paying a termination fee equal to one month’s rent. The renter must vacate within fifteen days of the notice and pay rent for that period.
Three limits attach. A narrow allowance in Utah Code 57-22-5.1(5) preserves the right where the renter’s noncompliance was itself caused by the domestic violence and occurred within the preceding thirty days. The right is lost once a notice of eviction has been served. And the termination does not end the agreement for any other person entitled to occupy, so a co-tenant remains bound.
Public safety calls. Utah Code 57-22-5.1(10) forbids an owner to impose any restriction on a renter’s ability to request assistance from a public safety agency, or to penalize or evict a renter because the renter makes reasonable requests for such assistance. Utah Code 57-22-7(3) backs it up by barring a municipality with a good landlord program from cutting an owner’s benefits because of conduct that subsection protects.
Effectivity note. Utah publishes 57-22-5.1 as two complete versions. The one in force is the version effective 7 May 2025, marked superseded 1 January 2027; a successor version takes effect on that date. Both were read for this page and compared line by line: the successor renumbers the “crime victim” definition and clarifies one verb, and makes no substantive change to anything stated here.
Does Utah Have a Landlord Retaliation Statute?
No general one. This is a negative finding, and it is stated as one because it was established by reading rather than assumed. Both Title 57 Chapter 17 and Title 57 Chapter 22 were read in full for this page. Neither contains a landlord-retaliation provision of the kind found in uniform-act states, and Utah has no burden-shifting presumption of retaliation anywhere in its residential landlord-tenant law.
One ranking page states that “Utah law lets tenants report landlords who fail to maintain safe housing conditions, and there are legal protections against retaliation for doing so.” The first half is true — Utah Code 57-22-6 supplies the reporting route. The second half overstates the statute book. The only protection of that shape is Utah Code 57-22-5.1(10), and it is confined to requests for assistance from a public safety agency. It does not cover a complaint to a health department, a code enforcement referral, or a notice of deficient condition served under 57-22-6.
That absence is worth knowing on both sides. A tenant relying on a general retaliation defence that Utah does not have is relying on nothing; a landlord should still expect a court to take a dim view of an eviction filed days after a repair demand, but the leverage comes from ordinary evidentiary inference rather than from a statutory presumption.
Can a Utah Lease Make the Tenant Pay Attorney Fees?
Yes — and the clause will run both ways whether it says so or not. Utah has no statute prohibiting an attorney-fee clause in a residential lease. What it has instead is five separate fee provisions, which together make Utah one of the more generous fee regimes in the country and make a one-sided clause pointless rather than illegal.
- Utah Code 78B-5-826 — reciprocity by operation of law. A court may award costs and attorney fees to either party that prevails in a civil action based upon any promissory note, written contract or other writing executed after 28 April 1986, when the writing allows at least one party to recover attorney fees. A landlord who writes a one-sided fee clause has handed the tenant the mirror-image entitlement.
- Utah Code 78B-6-811(5)(a) — mandatory in an eviction. In an action under the Forcible Entry and Detainer part the court shall award costs and reasonable attorney fees to the prevailing party. This operates independently of the lease.
- Utah Code 57-22-6(7) — discretionary under the Fit Premises Act. In an action under that chapter the court may award costs and reasonable attorney fees to the prevailing party.
- Utah Code 57-17-5(2) — conditional in a deposit action. The court shall award costs and fees to the prevailing party only if it determines the opposing party acted in bad faith. This is the narrowest of the five and the one most often misdescribed as a straightforward fee-shifting rule.
- Utah Code 57-27-201(3)(b) — on the contamination chapter. A court may award a prevailing party damages, court costs and reasonable attorney fees in an action to enforce the methamphetamine disclosure chapter.
The drafting conclusion follows directly. There is no reason to write a landlord-only fee clause in Utah: 78B-5-826 converts it, and 78B-6-811(5)(a) supplies a mandatory bilateral award in the proceeding where fees matter most. The optional clause in the form above is therefore drafted as a reciprocal prevailing-party clause from the outset, which is what a court would make of any other version.
Which Lease Clauses Does Utah Prohibit?
Utah has no enumerated prohibited-provisions section. There is no Utah analogue to the single list that neighbouring uniform-act states publish, and that absence is itself worth stating, because a reader looking for one will find the list in the wrong chapter.
What Utah has is a short set of specific bans:
- A restriction on the renter’s ability to request assistance from a public safety agency, or any penalty or eviction for making reasonable requests — Utah Code 57-22-5.1(10).
- Giving a key to the perpetrator after a crime victim’s lock change, which the owner must refuse notwithstanding any rental agreement — Utah Code 57-22-5.1(3)(d).
- A late fee above the greater of ten percent of the agreed rent or seventy-five dollars — Utah Code 57-22-4(5)(a).
- Any fee, fine, assessment, interest or other cost greater than the agreed amount, or not in the agreement at all, subject only to the month-to-month fifteen-day notice exception — Utah Code 57-22-4(5)(b).
- Any provision purporting to let the owner exclude the tenant otherwise than by judicial process — Utah Code 78B-6-814.
And here is the trap. Utah does have a flat anti-waiver rule — “no park or resident may agree to waive any right, duty, or privilege conferred by this chapter” — but it is Utah Code 57-16-12, in the Mobile Home Park Residency Act, and it does not reach a residential rental unit. The Fit Premises Act contains no such rule. Indeed Utah Code 57-22-3(4) runs in the opposite direction, expressly permitting the parties to reallocate a duty under the act by explicit signed writing. Importing chapter 16’s anti-waiver principle into an ordinary Utah lease analysis inverts the position.
The remedy picture is also different from most states. Utah attaches no across-the-board bounty to a bad clause. Utah Code 57-22-4(9) goes further and expressly denies the renter a cause of action for the owner’s breach of subsections (2) through (7) of 57-22-4 — which covers the entry notice, the pre-payment disclosure, the refund demand, the fee limits, the move-in condition duty and the identification duty. Those duties are real obligations of the owner. The private remedy under that chapter is simply not there.
Which brings the analysis back to where it started. In Utah, the version of those duties that a renter can actually enforce is the version written into the lease, because a lease term is enforceable as a contract whatever the chapter says about causes of action. That is why this generator writes each of them out in full rather than gesturing at the statute.
Who Is Protected by Utah Fair Housing Law?
The Utah Fair Housing Act at Utah Code 57-21-5 reaches race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation and gender identity. Three of those — source of income, sexual orientation and gender identity — go beyond the federal Fair Housing Act, which surprises landlords who assume Utah tracks the federal list.
Source of income deserves its own note, because it is the Utah rule most often reported backwards. Utah Code 57-21-2(25) defines source of income as the verifiable condition of being a recipient of federal, state or local assistance, including medical assistance, or of being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements. Rental assistance is named in the definition. A great many sources nonetheless report that Utah carved the federal Housing Choice Voucher program out of that protection in 2016. It did not. Senate Bill 175 of the 2016 General Session would have added exactly that carve-out to Utah Code 57-21-4, but it never had a House sponsor, never passed either chamber, and ended on 10 March 2016 with the Senate striking the enacting clause and filing it among bills not passed. Section 57-21-4 today runs to subsections (1) and (2) only, and the words voucher, housing choice and Section 8 appear nowhere in the whole of Title 57 chapter 21.
One part of this is genuinely unsettled, and it is worth stating plainly rather than resolving. Refusing an applicant because the applicant receives rental assistance is what 57-21-5(1) prohibits, and a no-assistance advertisement or application form engages 57-21-5(2) as well. Whether the same protection compels a Utah landlord to take the further step of participating in a voucher program — signing the housing assistance payments contract, accepting the federal lease addendum and admitting the unit to inspection — is a different question that Utah has not answered: no reported Utah appellate decision construes the phrase, the Labor Commission’s Antidiscrimination and Labor Division publishes no guidance on it, and the Legislature was offered an express answer in 2016 and declined it. Note also that Utah Code 57-21-3 exempts some landlords from the chapter altogether — among them an owner renting a single-family dwelling who holds no interest in four or more such units offered for sale or lease at the same time and who uses no real estate broker, and an owner-occupant renting a room in a dwelling designed for four or fewer families — on grounds unrelated to assistance. Our Utah tenant screening guide works through the same question from the application-stage side.
The Act reaches more than the tenancy decision. It covers refusing to negotiate, discriminating in the terms, conditions or privileges of a rental or in the provision of facilities or services, misrepresenting availability, and — expressly — any application form, notice, statement or advertisement that directly or indirectly expresses a preference or limitation. It requires reasonable accommodation in a rule, policy, practice or service, and requires the landlord to permit reasonable modifications at the renter’s expense, subject where reasonable to a restoration condition.
One 2026 change is worth flagging because it is very new. Effective 6 May 2026, Utah Code 57-21-5(6)(b) adds an exemption allowing a landlord, lessor or property manager to designate housing as single-sex housing and limit occupancy accordingly, for a dormitory, boarding house, shared rental property or other group-living accommodation, and for a private landlord or property owner. The exemption does not apply to housing the state or a political subdivision owns or operates unless a law expressly says so, or where the designation would violate federal law or a condition of federal funding. Because it interacts with federal fair-housing law, a landlord relying on it should take current advice rather than read the state provision alone.
Utah Lease Statute Reference Table
| Subject | Utah Rule | Citation |
|---|---|---|
| Security deposit cap | None — Utah sets no statutory maximum | Utah Code 57-17-1 |
| Nonrefundable deposit | Permitted only if stated in writing AT THE TIME the deposit is taken | Utah Code 57-17-2 |
| Deposit return | 30 days from vacating AND returning possession; deposit, prepaid rent and itemization | Utah Code 57-17-3 |
| Tenant’s deposit notice | Prescribed form and service; owner then has five business days | Utah Code 57-17-3(3) |
| Deposit penalty | Full deposit, full prepaid rent, one hundred dollar civil penalty; NO relief without the notice | Utah Code 57-17-5 |
| Habitability | Fit for human habitation; electrical, heating, plumbing, hot and cold water; duties reallocable by signed writing | Utah Code 57-22-3 |
| Owner’s duties | Safe and sanitary; common areas; any AC system operable; waste receptacles only above two units | Utah Code 57-22-4(1) |
| Landlord entry | 24 hours EXCEPT AS OTHERWISE PROVIDED IN THE RENTAL AGREEMENT | Utah Code 57-22-4(2) |
| Pre-payment disclosure | Rent estimate, fixed and use-based expenses, availability, SCREENING CRITERIA, refund process | Utah Code 57-22-4(3) |
| Late fee limit | The GREATER of ten percent of agreed rent or seventy-five dollars; no grace period required | Utah Code 57-22-4(5)(a) |
| Other fees | Only as agreed and only in the agreed amount; month-to-month exception on 15 days’ notice | Utah Code 57-22-4(5)(b) |
| Move-in condition | Election of three: inventory, condition form, or walkthrough | Utah Code 57-22-4(6) |
| Identification and copies | Name, address AND telephone; executed copy of the agreement AND the rules | Utah Code 57-22-4(7) |
| No private cause of action | Renter may not sue, or excuse own compliance, for breach of subsections (2) to (7) | Utah Code 57-22-4(9) |
| Renter’s duties | Cleanliness, sanitation, occupancy limit, CURRENT ON ALL PAYMENTS, no refusal of repair entry | Utah Code 57-22-5 |
| Crime victim and domestic violence | New locks; termination on a one month termination fee and 15 days; public-safety calls protected | Utah Code 57-22-5.1 |
| Renter remedies | 3 calendar days habitability / 10 for lease terms; remedy chosen in the notice; 24 hours for danger | Utah Code 57-22-6 |
| Local preemption | No inconsistent ordinance; no administrative remedy modifying corrective periods or remedies | Utah Code 57-22-7 |
| Rent and fee control | No county, city or town may control rents or fees without express legislative approval | Utah Code 57-20-1 |
| Fair housing | Adds source of income, sexual orientation and gender identity; reaches the application form | Utah Code 57-21-5 |
| Meth contamination disclosure | Actual knowledge of CURRENT contamination, disclosed in the lease; reporting is permissive | Utah Code 57-27-201 |
| Eviction notices | 3 BUSINESS days for nonpayment; 3 CALENDAR days for other grounds; 15 days periodic; none for a fixed term | Utah Code 78B-6-802 |
| Service of notices | Personal, registered or certified mail, suitable person, or conspicuous posting | Utah Code 78B-6-805 |
| Court timetable | 3 business days to appear; trial within 60 days; occupancy hearing within 10 business days | Utah Code 78B-6-807, 78B-6-810 |
| Judgment | Rent plus THREE TIMES damages; forfeiture declared; MANDATORY prevailing-party fees | Utah Code 78B-6-811 |
| Order of restitution | 3 calendar days to vacate; 5 business days’ access to documents, medicine and identification | Utah Code 78B-6-812 |
| No self-help | Wilful exclusion except by judicial process is unlawful | Utah Code 78B-6-814 |
| Abandonment | Presumed at 15 days unpaid; DECLARATION disputed within 24 hours excluding weekends and court holidays | Utah Code 78B-6-815 |
| Abandoned property | 15 days to retrieve; six categories need no storage; motor vehicles excluded; 15-day extensions | Utah Code 78B-6-816 |
| Attorney fees | Reciprocal by operation of law wherever the writing gives fees to one party | Utah Code 78B-5-826 |
| Writing requirement | Leases of one year or less excepted; longer terms must be written and signed | Utah Code 25-5-1, 25-5-4 |
What the Ranking Utah Lease Pages Get Wrong
Every figure on this page was read in the Utah Code at le.utah.gov on 6 August 2026, section by section, including each section’s own history line and, where a section is published in two versions, both versions. That process turned up a consistent set of errors in the pages currently ranking for this query. They are set out here because a reader comparing sources deserves to know where they differ and why.
- The deposit rule is stated as half a rule. Every ranking page that states the deposit rule at all prints the thirty days and stops. Not one mentions Utah Code 57-17-3(3), the prescribed tenant’s notice, or Utah Code 57-17-5(3), under which a renter who fails to serve it is not entitled to relief at all.
- “Twice the amount wrongfully withheld” is not the Utah remedy. Utah Code 57-17-5 gives the full deposit, the full prepaid rent and a one hundred dollar civil penalty.
- The thirty days does not run from a forwarding address. One page says it does. Utah Code 57-17-3(2) runs it from the day the renter vacates and returns possession.
- The twenty-four-hour entry rule is quoted without its qualifier. Utah Code 57-22-4(2) begins “except as otherwise provided in the rental agreement”.
- Utah Code 57-22-4(9) is mentioned by nobody. It removes the renter’s cause of action for breaches of subsections (2) to (7), which changes the character of every duty in that list.
- Repair rights are misdescribed. One page reports a right to “withhold up to 2 months’ rent… within 24 hours of being given notice”. Utah Code 57-22-6 gives a capped deduction from future rent, on a three or ten calendar day corrective period, and the twenty-four hours belongs to the dangerous-condition rule in 57-22-6(3).
- Rent abatement is presented as staying without paying. Utah Code 57-22-6(4)(a)(i) terminates the tenancy and requires the renter to vacate within ten days.
- Utah is credited with retaliation protections it does not have. The only provision is Utah Code 57-22-5.1(10), limited to public-safety requests.
- Rent-increase notice claims contradict each other and none is sourced. Utah has no such statute; the bill that would have created one, H.B. 182 of 2025, never became law.
- Month-to-month termination is reported as “typically 30 days”. Utah Code 78B-6-802(1)(b)(i) requires fifteen calendar days or more.
- The nonpayment notice is called a flat three-day notice. Utah Code 78B-6-802(1)(c) gives three business days; the other grounds give three calendar days.
- Meth reporting is described as mandatory. Utah Code 57-27-201(2)(a) makes it permissive, and the disclosure trigger is actual knowledge of current contamination.
- Utah Code 57-17-2 is described as a receipt rule. It requires a written statement at the time the deposit is taken.
- The late-fee limit is inverted. One page caps it at the dollar figure; Utah Code 57-22-4(5)(a) makes that the floor by taking the greater of the two.
- A banking statute is sold as a landlord rule. The returned-check figure comes from Utah Code 7-15-1, in the Dishonored Instruments chapter of the Financial Institutions Act, and it binds the issuer of a check to any holder.
- Abandoned property is summarised as “store for 15 days”. Utah Code 78B-6-816 exempts six categories from storage entirely, excludes motor vehicles, and requires a further fifteen-day extension in three defined situations.
- Nobody mentions treble damages. Utah Code 78B-6-811(3) makes them mandatory, and 78B-6-811(5)(a) makes a prevailing-party fee award mandatory too.
- Nobody mentions the declaration of abandonment. Utah Code 78B-6-815(2) and its twenty-four-hour rebuttal window are the practical core of Utah abandonment.
- Nobody mentions the pre-payment disclosure. Utah Code 57-22-4(3) requires the screening criteria in writing before an application fee is taken, and 57-22-4(4) makes the money refundable on demand where the lease does not match.
- Nobody mentions that Utah duties are reallocable. Utah Code 57-22-3(4) permits it by explicit signed writing.
- Mobile home park rules get borrowed. The anti-waiver rule at Utah Code 57-16-12 and the just-cause list live in a chapter that Utah Code 57-22-2(5) and 78B-6-802(3) keep away from an ordinary residential lease.
Common Mistakes on Utah Lease Agreements
- Omitting the owner’s address from the lease. Utah Code 57-22-4(7)(a) requires it, and Utah Code 57-17-3(4) makes it the address at which the tenant’s deposit notice must be served. A lease without one breaks two provisions at once.
- Leaving the telephone number out of the identification. The statutory list is name, address and telephone number.
- Handing over the lease but not the rules. Utah Code 57-22-4(7)(b) requires both, and rules never delivered are hard to enforce.
- Taking an application fee before the written disclosure. Utah Code 57-22-4(3) puts the disclosure first, and 57-22-4(4) makes the money refundable on a five-business-day demand where the lease does not match the estimate.
- Calling a deposit portion nonrefundable after the fact. Utah Code 57-17-2 requires it in writing at the time the money is taken.
- Sitting on prepaid rent while returning the deposit. Utah Code 57-17-3(2) puts both on the same thirty-day clock.
- Waiting for a forwarding address before starting the thirty days. The clock starts when the renter vacates and returns possession.
- Suing over a deposit without serving the statutory notice. Utah Code 57-17-5(3) denies relief to a renter who skips it.
- Charging a fee the lease never mentions. Utah Code 57-22-4(5)(b) forbids it outside the month-to-month fifteen-day-notice route.
- Treating the seventy-five dollar figure as a late-fee ceiling. It is the greater of that or ten percent of the agreed rent.
- Leaving the lease silent on entry. Utah Code 57-22-4(2) makes twenty-four hours the fallback, so silence is a choice rather than a neutral position.
- Serving a three calendar days’ notice for unpaid rent. Nonpayment runs on three business days under Utah Code 78B-6-802(1)(c).
- Expecting to give notice at the end of a fixed term. Utah Code 78B-6-802(1)(a) ends it without notice; if you want warning, write a clause.
- Changing the locks on a tenant. Utah Code 78B-6-814 makes wilful exclusion except by judicial process unlawful.
- Disposing of abandoned belongings early. Utah Code 78B-6-816 requires posting, mailing, fifteen days, and five calendar days’ notice of any sale — with defined exceptions and defined extensions.
- Using the trespasser removal procedure on a tenant. Utah Code 78B-6-817 exposes the owner to triple the fair market rent for wrongful use.
- Writing a landlord-only attorney-fee clause. Utah Code 78B-5-826 makes it reciprocal anyway.
- Assuming the Fit Premises Act cannot be varied. Utah Code 57-22-3(4) permits reallocation by explicit signed writing — but only where it is explicit.
Tenant Screening — the First Line of Defense
A well-drafted lease decides who wins a dispute; screening decides whether there is one. Utah puts unusual weight on the screening stage: Utah Code 57-22-4(3) requires the eligibility criteria — criminal history, credit, income, employment and rental history — to be disclosed in writing before an application fee is taken, and Utah Code 57-21-5 makes source of income a protected class, so a blanket refusal of housing assistance is a fair-housing problem in Utah even though it is not one federally. Written criteria, applied consistently, are both the compliance answer and the risk answer. Our tenant screening report covers credit, eviction filings, criminal background and employment verification. Screen first, then paper the tenancy with this lease.
Bottom line
A Utah lease is governed by the Utah Fit Premises Act at Utah Code 57-22-1 and following, with deposits at 57-17-1 and eviction at 78B-6-801. There is no deposit cap. The deposit, the prepaid rent and an itemized explanation are due within thirty days of the renter vacating and returning possession — but the remedy only exists once the renter serves the statutory notice, after which the owner gets five business days and then owes the full deposit, the full prepaid rent and a one hundred dollar penalty. Entry is twenty-four hours unless the lease says otherwise. Late fees are capped at the greater of ten percent or seventy-five dollars, and no other charge may be made unless the lease states it. Repairs run on three calendar days for habitability and ten for lease terms, with the remedy chosen in the notice and forfeited by arrears. Nonpayment eviction runs on three business days, other grounds on three calendar days, and a periodic tenancy on fifteen. Judgment carries treble damages and mandatory prevailing-party fees. Utah has no retaliation statute and no rent-increase notice.
Frequently Asked Questions
How much can a Utah landlord charge for a security deposit?
There is no limit. Utah sets no statutory maximum on a residential security deposit, and Title 57 Chapter 17 of the Utah Code contains no cap across its five sections. What Utah regulates is the paperwork and the exit: Utah Code 57-17-2 governs how a nonrefundable portion must be disclosed, and Utah Code 57-17-3 governs the return.
How long does a Utah landlord have to return the security deposit?
Thirty days. Utah Code 57-17-3(2) requires the owner, no later than thirty days after the day on which the renter vacates and returns possession, to send the balance of any deposit, the balance of any prepaid rent, and a written notice itemizing and explaining every deduction. The clock runs from the return of possession, not from the end of the term and not from receipt of a forwarding address.
What happens if a Utah landlord misses the thirty days?
Nothing automatically. Utah Code 57-17-3(3) requires the renter first to serve a statutory notice captioned Tenant’s Notice to Provide Deposit Disposition, in substantially the form the statute prints, with a return of service and an unsworn declaration, served by one of four prescribed methods at the address in the lease. The owner then has five business days. Only then does Utah Code 57-17-5 give the renter the full deposit, the full prepaid rent and a civil penalty of one hundred dollars, and 57-17-5(3) denies relief to a renter who never served the notice.
Can a Utah landlord keep part of the deposit as nonrefundable?
Yes, if it is stated in writing to the renter at the time the deposit is taken. Utah Code 57-17-2 is a timing rule, not a receipt rule: a statement produced afterwards does not satisfy it and there is no way to cure the omission. Two ranking pages describe this as a receipt requirement, which the text does not support.
How much can a Utah landlord charge as a late fee?
The greater of ten percent of the rent agreed in the rental agreement or seventy-five dollars, under Utah Code 57-22-4(5)(a). Because the statute takes the greater of the two, the dollar figure is a floor on a low rent rather than a ceiling. Utah requires no grace period at all, so the fee may be charged as soon as rent is late unless the lease provides otherwise.
What other fees can a Utah landlord charge?
Only what the agreement states, in the amount it states. Utah Code 57-22-4(5)(b) forbids any fee, fine, assessment, interest or other cost greater than the agreed amount or not in the agreement at all, with a single exception allowing a new charge on a month-to-month agreement after fifteen days’ notice. A charge you forget to list is a charge you cannot make.
How much notice must a Utah landlord give before entering?
Twenty-four hours where the lease is silent. Utah Code 57-22-4(2) reads “except as otherwise provided in the rental agreement, an owner shall provide the renter at least 24 hours prior notice”, so the period is a default the agreement may vary rather than a floor. Utah Code 57-22-4(9) also denies the renter a cause of action for a breach of that subsection, which makes the lease term the operative one.
What must a Utah landlord disclose before taking an application fee?
Utah Code 57-22-4(3) requires a written disclosure before the owner accepts an application fee or any other payment: a good faith estimate of rent and of each fixed non-rent expense, the type of each use-based expense, the availability date, the eligibility criteria including criminal history, credit, income, employment and rental history, and the process for recovering money paid. Utah Code 57-22-4(4) then allows a five-business-day written demand for a full refund where the agreement does not match.
Does Utah require a rent-increase notice?
No. Utah has no residential rent-increase notice statute. The fifteen days in circulation is either Utah Code 78B-6-802(1)(b)(i), the notice terminating a periodic tenancy, or Utah Code 57-22-4(5)(b)(ii), the notice required before introducing a new charge on a month-to-month agreement, which concerns fees rather than rent. H.B. 182 of the 2025 General Session would have created a sixty-day rent-increase notice and never became law.
What notice comes before a Utah eviction?
Utah Code 78B-6-802 runs two different three-day clocks. Nonpayment of rent or other amounts due gives three business days under 78B-6-802(1)(c), on a notice requiring in the alternative payment or surrender. Subletting contrary to the lease, waste, unlawful business, nuisance, a criminal act on the premises, and any other breach of covenant each give three calendar days under 78B-6-802(1)(d) to (h). The summons then requires appearance within three business days.
How much notice ends a Utah month-to-month tenancy?
Fifteen calendar days or more before the end of the month or period, under Utah Code 78B-6-802(1)(b)(i). A tenancy at will takes not less than five calendar days. A fixed term is terminated without any notice at its expiration under 78B-6-802(1)(a), so a Utah landlord or tenant who wants advance warning of non-renewal must put it in the lease.
What can a Utah renter do about a repair the landlord will not make?
Serve a written notice of deficient condition under Utah Code 57-22-6 that describes each condition, states the corrective period, states which remedy the renter has chosen, and gives permission to enter. The corrective period is three calendar days for a standard of habitability and ten calendar days for a requirement of the lease. Rent abatement terminates the tenancy and requires the renter to vacate within ten days; repair and deduct is capped at an amount equal to two months’ rent. A renter not in compliance with all of Utah Code 57-22-5, including being current on payments, gets neither.
Does Utah have a landlord retaliation statute?
No general one. Title 57 Chapters 17 and 22 were read in full and contain no landlord-retaliation provision and no presumption of retaliation. The only protection of that shape is Utah Code 57-22-5.1(10), which forbids restricting a renter’s ability to request assistance from a public safety agency and forbids penalizing or evicting a renter for making reasonable requests. It does not reach a complaint to a health department or a notice of deficient condition.
Can a Utah lease make the tenant pay the landlord’s attorney fees?
Yes, but it will run both ways. Utah prohibits no fee clause. Utah Code 78B-5-826 lets a court award costs and fees to either party that prevails on a written contract executed after 28 April 1986 wherever the writing allows at least one party to recover them, so a one-sided clause hands the tenant the mirror-image entitlement. Utah Code 78B-6-811(5)(a) separately makes a prevailing-party award mandatory in an eviction action, and Utah Code 57-17-5(2) conditions it on bad faith in a deposit action.
When is a Utah rental considered abandoned?
Utah Code 78B-6-815(1) presumes abandonment where the renter has not told the owner of an absence and either fails to pay rent within fifteen days after the due date with no evidence of occupancy beyond the renter’s own property, or fails to pay when due and the property has been removed. Utah Code 78B-6-815(2) then lets the owner establish abandonment as a matter of law by serving a declaration of abandonment in the statutory form, which the renter must dispute in writing within twenty-four hours excluding weekends and days the Utah state courts are closed.
Which disclosures does Utah actually require in a lease?
Six state duties plus one federal. Owner and manager identification with a telephone number under Utah Code 57-22-4(7)(a); an executed copy of the agreement and a copy of the rules under 57-22-4(7)(b); the pre-payment written disclosure including screening criteria under 57-22-4(3); one of three move-in condition methods under 57-22-4(6); a written statement of any nonrefundable deposit portion at the time it is taken under 57-17-2; and a methamphetamine contamination disclosure where the owner or lessor has actual knowledge of current contamination under 57-27-201(1). Federal lead-based paint applies to pre-1978 housing.
Can a Utah landlord lock a tenant out?
No. Utah Code 78B-6-814 makes it unlawful for an owner to wilfully exclude a tenant from the premises in any manner except by judicial process, and Utah Code 78B-6-801(11) defines wilful exclusion as preventing the tenant from entering with intent to deprive the tenant of entry. The only exception is retaking genuinely abandoned premises under Utah Code 78B-6-816(2). There is no lockout, utility shut-off or door-removal remedy in Utah.
Does a Utah lease have to be in writing?
Only if the term exceeds one year. Utah Code 25-5-1 excepts leases for a term not exceeding one year from the writing requirement for an estate or interest in real property, and Utah Code 25-5-4(1)(a) separately voids an agreement that by its terms cannot be performed within one year unless written and signed by the party to be charged. Utah requires no witnesses and no notarization, but the owner must still deliver an executed copy under Utah Code 57-22-4(7)(b).
Are damages in a Utah eviction really tripled?
Yes. Utah Code 78B-6-811(3) provides that the court shall enter judgment against the defendant for the rent and for three times the damages assessed for forcible entry, forcible or unlawful detainer, waste, the amounts due under the contract, and abatement by eviction of a private nuisance. The judgment also declares the forfeiture of the lease where the action is for nonpayment or breach of covenant, and that forfeiture does not release the tenant from payments for the remainder of the term.
Does a Utah landlord have to provide air conditioning?
Only if there is one. Utah Code 57-22-4(1)(b)(iii) requires the owner to maintain any air conditioning system in an operable condition. That is a duty to keep an existing system working, not a duty to install one. Utah Code 57-22-3(1) separately requires electrical systems, heating, plumbing, and hot and cold water in every unit, and garbage receptacles are required only for buildings containing more than two residential rental units.
Screen the applicant before you sign the lease
Utah requires your screening criteria in writing before you take an application fee, and its eviction judgments carry treble damages and mandatory prevailing-party fees. Tenant Screening Background Check has been verifying Utah renters since 2004 — credit, eviction filings, criminal background, and employment verification, across all fifty states and DC, with no monthly fees.
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