Tenant Rights Attorneys in Utah
With the varied and complicated landlord and tenant laws that exist in Utah, it's important to work with a law firm that has tenant rights attorneys that specialize in Utah tenant law. If you feel your rights have been violated, the Hepworth & Associates law firm can help. Tenants have many rights and we can help you assert those rights.
What are my rights as a Utah tenant?
A safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the place your are renting.
Privacy and peace and quiet. A landlord can enter the premises at reasonable times for repairs and inspections, but should notify you first. You have the right to tell a landlord what is a reasonable time for you.
Written receipts for rent or deposits. It is your right as a tenant to have a record of all rent and/or deposits.
Notice of changes in lease terms. You are entitled to fifteen days notice of any change in your rental agreement.
Repairs made within reasonable amount of time after you request them in writing. Waiting months and months for a repair requested by you as a tenant is unacceptable and means you have rights that can be defended.
Remain in residence until proper procedure is taken. You have the right to remain in the property you rent until you are legally evicted by a court order. Landlords do not have the right to lock you out of the property.
We are Tenant Rights Attorneys and can Help You Assert Your Tenant Rights in Utah
Our law firm is the leader in Utah landlord/tenant disputes. We work effective and efficiently to defend tenants whose rights have been infringed upon. Our expert attorneys assist tenants with Lease negotiations, Landlord lease violations and compliance, Defense against eviction, Discrimination, Harassment and Issues with your security deposit.
Call us today at (801) 872-2222 for a free consultation from the emerging leaders in Utah landlord/tenant disputes.
The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.
With that said, landlord-tenant laws are always changing, and may even vary from county to county. You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.
Official Rules and Regulations
- Utah Code Ann §§ 57 – Real Estate
- Utah Code Ann §§ 57-17 – Residential Renters’ Deposits
- Utah Code Ann §§ 57-22 – Utah Fit Premises Act
- Utah Code Ann §§ 78A-8 – Small Claims Court
- Utah Code Ann §§ 78B-2 – Statute of Limitations
- Utah Code Ann §§ 78B-6 – Particular Proceedings
- Utah Code Ann §§ 78B-6-802 – Unlawful detainer by tenant for a term less than life.
- Where’s the Renter’s Handbook? (pdf)
- Security Deposit Maximum: No Limit (UCA §§ 57-17)
- Deadline for Returning Security Deposit: 30 days after termination of the tenancy or within 15 days after receipt of the renter’s new mailing address, whichever is later. (UCA §§ 57-17-3)
- Nonrefundable Deposits: Allowed, but only if disclosed in writing at the time that the deposit is accepted by the landlord. (UCA §§ 57-17-2)
- Security Deposit Interest: No Statute
- Separate Security Deposit Bank Account: No Statute
- Pet Deposits and Additional Fees: No Statute
- Advance Notice of Withholding: No (UCA §§ 57-17-1)
- Move-In Condition Checklist: Yes (UCA §§ 57-22-4(3))
- Move-Out Checklist/Itemized List of Damages and Charges: Yes (UCA §§ 57-17-3)
- Record Keeping of Deposit Withholdings: No Statute
- Receipt of Deposit: No Statute
- Failure to Comply: If the owner or his agent in bad faith fails to provide the renter the notice required in Section 57-17-3, the renter may recover the full deposit, a civil penalty of $100, and court costs. (UCA §§ 57-17-5)
Lease, Rent and Fees:
- Rent Is Due: No Statute
- Rent Increase Notice: No Statute
- Rent Grace Period: No Statute
- Late Fees: No Statute
- Prepaid Rent: No Statute
- Returned Check Fees: $20 (UCA §§ 7-15-2).
- Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, tenant is allowed “rent abatement” as defined in UCA §§ 57-22-6.
- Tenant Allowed to Repair and Deduct Rent: Yes, tenant is allowed to “repair and deduct” as defined in UCA §§ 57-22-6.
- Landlord Allowed to Recover Court and Attorney Fees: Yes
- Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute
Notices and Entry:
- Notice to Terminate Tenancy – Lease with No End Date: 15 days (UCA §§ 78B-6-802)
- Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
- Notice to Terminate Tenancy – Month-to-Month Lease: 15 days (UCA §§ 78B-6-802)
- Notice of Date/Time of Move-Out Inspection: No Statute
- Termination for Nonpayment: 3 days (UCA §§ 78B-6-802)
- Termination for Lease Violation: 3 days (UCA §§ 78B-6-802)
- Required Notice before Entry: 24 hours, unless specified differently in the lease. (UCA §§ 57-22-4(2))
- Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (UCA §§ 57-22-5(2)(c))
- Entry Allowed with Notice for Showings: No Statute
- Emergency Entry Allowed without Notice: No Statute
- Entry Allowed During Tenant’s Extended Absence: No Statute
- Notice to Tenants for Pesticide Use: No Statute
- Lockouts Allowed: No (UCA §§ 78B-6-814)
- Utility Shut-offs Allowed: No (UCA §§ 78B-6-814)
- Abandonment of Premises: Landlord can assume abandonment by the tenant if either: (UCA §§ 78B-6-815)
- the rent is more than 15 days overdue, the tenant’s possessions are still in the rental unit but there is no other reasonable evidence that the tenant is still living there, or
- the rent is one or more days overdue, the tenant’s possessions are gone and there is no other reasonable evidence that the tenant is still living there.
- Abandonment of Personal Property: The owner may remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs from the tenant. (UCA §§ 78B-6-816(2-3))
- Post and Mail Notice: The owner shall post a copy of the notice in a conspicuous place and send by first class mail to the last known address for the tenant a notice that the property is considered abandoned.
- 15 Days: The tenant may retrieve the property within 15 calendar days from the date of the notice if the tenant tenders payment of all costs of inventory, moving, and storage to the owner.
- Allowed to Sell: If tenant fails to claim the property within 15 calendar days, the owner may sell the property at a public sale and apply the proceeds toward any amount the tenant owes; or donate the property to charity if the donation is a commercially reasonable alternative.
- No Vehicles: The term “personal property” does not include motor vehicles.
Disclosures and Miscellaneous Notes:
- Owner’s Duties: A detailed list of landlord responsibilities is provided at UCA §§ 57-22-4.
- Renter’s Duties: A detailed list of tenant responsibilities is provided at UCA §§ 57-22-5.
- Name and Addresses: Before a lease begins, the owner must disclose the name and address of the property owner as well as that of anyone authorized to manage the property or allowed to receive notice on the owner’s behalf. (UCA §§ 57-22-4(4))
- Copy of Lease and Rules: Before a lease begins, the owner must deliver an executed copy of the rental agreement, if the rental agreement is a written agreement; and a copy of any rules and regulations applicable to the residential rental unit. (UCA §§ 57-22-4(4))
- Itemized List of Prior Damages: Before a lease begins, owner must provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear. (UCA §§ 57-22-4(3))
- Domestic Violence Situations:
- Proof of Status: Landlord is entitled to verify claim of Domestic Violence status. (UCA §§ 57-22-5.1)
- Termination of Lease: A tenant is allowed to terminate a lease if: (UCA §§ 57-22-5.1)
- the tenant is in compliance with all provisions of Section 57-22-5; and all obligations under the rental agreement,
- provides the owner a written notice of termination, and a protective order protecting the renter from a domestic violence perpetrator or a copy of a police report documenting that the renter is a victim of domestic violence and did not participate in the violence; and
- no later than the date that the renter provides a notice of termination under Subsection (4)(b)(i), pays the owner the equivalent of 45 days’ rent for the period beginning on the date that the renter provides the notice of termination.
- Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense. (UCA §§ 57-22-5.1)
- Trash Removal: For buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree. (UCA §§ 57-22-4)
- Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
Court and Legal Related:
- Utah Small Claims Court
- Utah Judicial Branch
- Utah Courts – Housing
- Utah Courts – Landlord and Tenant
- Overview of the Utah Eviction Process
- Utah Attorney General
- Utah Bar Association
- Legal Aid:
- Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
- Utah Insurance Department
- Utah Division of Consumer Protection
- U.S. Department of Housing and Urban Development – Utah – Tenant’s Rights
- Utah Division of Real Estate
- Salt Lake County Health Department – Housing Regulation
- REALTORS® Associations