A Utah lease agreement is a legal document that contains the terms and conditions for renting property located in Utah.
The main contractual parties to the lease agreement are the landlord (lessor) and the tenant (lessee). Generally, people create this document because:
Reasons to Use a Lease Agreement
It is easier to prove and protect the rights and obligations than in the verbal agreement.
The lease agreement can contain all the mandatory notifications and disclosures in one place, while with the verbal agreement, the landlord would have to issue the notifications separately.
All the details related to the lease (lease term, rent amount, due date) can be defined in a more precise manner compared to the verbal agreement.
Even when you are subletting or renting the room to someone, it is important to make a lease agreement to protect the interests of both parties and the leased property.
Utah Lease Agreement Required Disclosures
A few clauses declared by federal and state law must be included in every lease agreement in Utah. Namely:
Lead-based paint disclosure. The landlord must inform the tenant about any lead-based paint hazards at the leased property. Federal law requires all landlords to include this disclosure in the lease agreement for any leased property built before 1978. (Section 1018 of Title X)
Methamphetamine disclosure. If the landlord knows that the leased unit is contaminated by the manufacturing, use, or storage of methamphetamine, they should disclose this to the tenant. (§ 57-27-201)
Move-in checklist. Before the tenant moves in, the landlord must issue a checklist that describes the condition of the leased property. The tenant will then have a reasonable amount of time to inspect the property and sign the checklist. (§ 57-22-4)
Owner and manager disclosure. The lease agreement must include the names, addresses, and phone numbers of the property manager, owner, and person authorized to act on the owner's behalf. (§ 57-22-4(7))
Utah Lease Agreement Optional Disclosures
Although not mandatory, these disclosures should be included in the lease agreement to provide additional protection to the leased property and contractual parties:
Asbestos disclosure. This disclosure should be included in every lease agreement if the property was built before 1981 or if there is a known presence of asbestos. The landlord shall also provide safety guidelines for using the property without disturbing the asbestos fibers.
Non-refundable fee disclosure. The landlord must inform the tenant about any fees that will not be refunded after the lease ends. Otherwise, the tenant can file a claim to compensate for all the non-disclosed, non-refundable fees.
Smoking disclosure. The landlord can explicitly allow or forbid smoking at the leased property. They can also provide designated smoking areas at the leased property.
Consequences of Non-Disclosure
The landlord can face fines of up to $19,507 for each violation related to the non-disclosure of the lead-based paint hazard in the lease agreement. (24 CFR § 30.65)
Besides that, the tenant can initiate civil legal proceedings against the landlord for any damages caused by the health and safety hazards that were not properly disclosed in the lease agreement.
Utah Lease Agreement Security Deposits
Security Deposit Maximum
There is no security deposit maximum set in Utah.
That means that the landlord can set any amount they deem reasonable.
Security Deposit Return
The landlord must return the security deposit, prepaid rent, and an itemized list of deductions (if they made any deductions) within 30 days after the lease termination. (§ 57-17-3(2))
Deductions from the security deposit can be made for:
Reasons for Deductions
Covering the unpaid rent
Paying for repairs of damages beyond the regular wear and tear
Covering any costs or fees that were mentioned in the lease agreement
Paying for the leased property cleaning
When is Rent Due in Utah? (Grace Period)
The landlord and the tenant usually determine the rent payment due date and insert it in the lease agreement.
The Utah statute doesn’t provide a grace period for the rent payment. That means that the landlord can start charging late fees or initiate the eviction as soon as the due date is over.
Utah Rent Late Fees
There is no limit to the late fee amount in Utah.
However, to be legally charged, the late fee must be disclosed in the lease agreement.
Utah NSF Checks
Suppose the check issued by the tenant for the rent payment gets declined by the financial institution due to insufficient funds. In that event, the landlord sends a notification to the tenant and requests compensation.
The compensation includes the check amount and a service charge of no more than $20. The tenant will then have 15 days to compensate the landlord. (§ 7-15-2(2))
Utah Landlord’s Right to Enter
The landlord must inform the tenant at least 24 hours before accessing the leased property. (§ 57-22-4(2))
Contractual parties can provide different notification times in their lease agreement. The landlord shall also limit their visits to reasonable times.
Utah Lease Agreement FAQ
Yes, the lease agreement in Utah is fully valid and legally binding from the moment both parties sign it.
The tenant is obliged to pay the rent by the due dates provided in the lease agreement. In return, the landlord must allow the tenant to access and use the property.
Failure to comply with the set obligations can have legal consequences for both parties.
The Utah lease agreement should have the following outline:
Names and addresses of the contractual parties
Information about the leased property
Lease term and occupancy limit
Rent due, rent amount, and the method of payment
Mandatory disclosures required by federal and state law
Other disclosures provided by contractual parties
Rights and duties of the contractual parties
Lease agreement termination rules
To get your own Utah lease agreement, visit our website and simply download one of the many templates used for leased property in Utah.
Depending on the lease duration and type, you can choose between:
Commercial and residential lease agreement
Long-term and month-to-month lease agreement
Sublease and room rental lease agreement
Rent-to-own lease agreement
After drafting and signing the lease agreement, ensure you inspect the leased property properly and check if there should be any cleaning or repairs done. Both the landlord and the tenant should do the property inspection.
If everything is in order, both parties should sign the move-in form. The tenant can then pay the first month’s rent, and the landlord can hand over the keys and enable the tenant to access the property.