Utah Residential Lease Agreement
Free Utah lease agreement: no statutory security deposit cap, 30-day itemized return, and required meth-contamination disclosure. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, covering rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the lease ends. In Utah the landlord (also called the lessor) and tenant (also called the lessee) are governed mainly by the Utah Fit Premises Act, Utah Code Title 57, Chapter 22, and by the Residential Renters' Deposits chapter, Title 57, Chapter 17. Utah sets no statutory cap on a security deposit, but the landlord must return the deposit, or a written notice itemizing any deductions, within 30 days after the tenant vacates and returns possession, and must comply within 5 business days if the tenant serves a written notice with a forwarding address. Required disclosures include the federal lead-based paint pamphlet for pre-1978 housing, written notice of any non-refundable portion of the deposit, and, if the landlord actually knows the unit is currently contaminated from methamphetamine use, storage, or manufacture, written disclosure of that contamination. A landlord must give at least 24 hours' notice before entering, and a late fee cannot exceed the greater of 10% of the rent or $75. Ending or changing a month-to-month tenancy, including a rent increase, requires at least 15 calendar days' notice, and Utah law bars local rent-control ordinances. Attorney review is available as an option before you sign.
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Key Things to Know
- 1
A residential lease agreement is the contract that sets the rent, term, deposit, and rules for renting a home. It spells out what the landlord (lessor) and tenant (lessee) each owe one another and how the tenancy can end.
- 2
Utah sets no statutory cap on the security deposit amount. Utah Code Title 57, Chapter 17 does not set a dollar or months-of-rent limit. The deposit, or a written itemized notice of deductions, is due within 30 days after the tenant vacates, and within 5 business days if the tenant serves a written notice with a forwarding address.
- 3
Required disclosures in Utah are narrower than in many states: the federal lead-based paint disclosure for pre-1978 housing, written notice at move-in of any non-refundable deposit portion, and a methamphetamine-contamination disclosure if the landlord actually knows the unit is contaminated.
- 4
A landlord must give at least 24 hours' notice before entering the rental unit, except in an emergency, under the Utah Fit Premises Act (Utah Code Section 57-22-4).
- 5
A late fee cannot exceed the greater of 10% of the rent or $75. Utah sets no statutory grace period (the number of days after the due date before a fee can apply), so the fee and its trigger must be written into the lease.
- 6
Ending a month-to-month tenancy, or changing its terms such as a rent increase, requires at least 15 calendar days' written notice under Utah Code Section 78B-6-802; Utah has no separate rent-increase statute.
- 7
Utah has no rent control. Utah Code Section 57-20-1 bars a city, county, or town from enacting a rent-control ordinance without the Legislature's express approval, so no local just-cause or rent-cap regime applies.
Key decisions before you file
Before you file a Residential Lease Agreement in Utah, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Utah Requirements for Residential Lease Agreement
No Statutory Deposit Cap, 30-Day Itemized Return
Utah Code Title 57, Chapter 17 sets no statutory maximum on a security deposit. Within 30 days after the tenant vacates and returns possession, the landlord must deliver a written notice itemizing (explaining, item by item) any deductions and return the remaining balance plus any prepaid rent.
Five-Business-Day Response to Tenant's Deposit Notice
If the tenant serves the landlord a written Tenant's Notice to Provide Deposit Disposition with a forwarding address, Utah Code Section 57-17-3 requires the landlord to comply within 5 business days of that notice.
Non-Refundable Deposit or Fee Written Notice
If any part of the deposit, such as a cleaning or pet fee, is non-refundable, Utah Code Section 57-17-2 requires the landlord to state that in writing to the tenant at the time the deposit is taken.
Lead-Based Paint Disclosure
For Premises built before 1978, federal law (42 U.S.C. Section 4852d) requires the landlord to give the tenant the lead-based paint disclosure and EPA pamphlet before the lease is signed.
Methamphetamine Contamination Disclosure
Utah Code Section 57-27-201 requires a landlord who has actual knowledge that the Premises is currently contaminated from the use, storage, or manufacture of methamphetamine to disclose that contamination in the lease or another related document.
24-Hour Entry Notice
Except in an emergency, Utah Code Section 57-22-4 requires the landlord to give the tenant at least 24 hours' prior notice before entering the rental unit.
Late Fee Cap: Greater of 10% or $75
Utah Code Section 57-22-4 caps a late fee at the greater of 10% of the rent agreed to in the lease or $75. Utah sets no mandatory grace period (the number of days after the due date before a fee can apply), so the lease itself must state the fee and its trigger.
15-Day Notice to End or Change a Month-to-Month Tenancy
Under Utah Code Section 78B-6-802, either party must give at least 15 calendar days' written notice to end a month-to-month tenancy, and a rent increase or other change in terms is given through that same 15-day notice, since Utah has no separate rent-increase statute. Utah Code Section 57-20-1 also bars local rent-control ordinances without express Legislature approval.