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πŸ’° Full Landlord Tenant Laws

Utah State Landlord Tenant Law

Below is a copy of the landlord tenant code for UT. This is the ultimate source of truth for landlord tenant issues in the great state of Utah. This is a large file but every other one we found online was jumbled up into numerous pages and hard to decipher. This should be easier to read and extract.

Utah Landlord-Tenant Law

Complete verbatim statute text Β· 39 sections

πŸ“‘ Table of Contents
Chapter 57-22
57-22-1 Short title 57-22-2 Definitions 57-22-3 Duties of owners and renters β€” generally 57-22-4 Owner's duties 57-22-4.1 Failure to deliver possession of residential rental unit β€” renter's option to terminate β€” abatement of rent 57-22-5 Renter's duties β€” cleanliness and sanitation β€” compliance with written agreement β€” destruction of property prohibited 57-22-5.1 Crime victim's right to new locks β€” domestic violence victim's right to terminate rental agreement β€” limits on owner relating to assistance from public safety agency 57-22-6 Renter remedies for deficient condition of residential rental unit 57-22-7 Limitation on counties and municipalities 57-22-4 (Rent Increase Notice) Rent increase notice requirement 57-22-4 (Move-in inventory) Move-in condition documentation requirement 57-22-4 (Entry notice) 24-hour entry notice requirement 57-22-4 (Late fee cap) Late fee cap β€” greater of $75 or 10% of rent 57-22-4 (Security deposit β€” no cap) Security deposit β€” no statutory cap
Chapter 57-17
57-17-1 Return or explanation of retainage upon termination of tenancy 57-17-2 Non-refundable deposit β€” written notice required 57-17-3 Deductions from deposit β€” written itemization β€” time for return 57-17-4 Holder of owner's or designated agent's interest bound by provisions 57-17-5 Failure to return deposit or prepaid rent or to give required notice β€” recovery of deposit, penalty, costs, and attorney fees
Chapter 78B-6
78B-6-801 Unlawful detainer by tenant β€” definitions 78B-6-802 Notice requirements for termination and eviction 78B-6-805 Service of notice 78B-6-807 Complaint in unlawful detainer action 78B-6-810 Judgment β€” writ of restitution β€” damages 78B-6-814 Self-help eviction prohibited
Chapter 57-21
57-21-1 Short title β€” Utah Fair Housing Act 57-21-2 Definitions 57-21-3 Exemptions 57-21-5 Discriminatory practices enumerated β€” protected classes 57-21-9 Procedure for filing a complaint β€” investigation β€” determination 57-21-11 Relief granted β€” civil penalties β€” enforcement 57-21-12 Private right of action
Chapter 10-1
10-1-407 Prohibition on local rent control
General
HB 182 (2025) Mandatory fee and rent disclosures β€” effective May 7, 2025 HB 480 (2025) Electronic deposit returns and post-eviction access β€” effective May 7, 2025 HB 355 (2024) 60-day rent increase notice requirement β€” effective May 2024 Chapter 173 (2025) Domestic violence and public safety agency protections β€” amended Lease Requirements (General) Lease agreement requirements β€” Utah
Chapter 57-16 (Mobile Homes)
57-16 (Mobile Homes) Mobile home residency rights act β€” applicability note
57-22-1

Short title

↑
This chapter is known as the 'Utah Fit Premises Act.'
πŸ’‘ General Comment
Establishes the official name of Utah's primary residential landlord-tenant statute.
πŸ“„ View Official Source β†— Effective: Enacted 1990; amended through 2025 General Session
57-22-2

Definitions

↑
As used in this chapter: (1) 'Owner' means the owner, lessor, or sublessor of a residential rental unit. A managing agent, leasing agent, or resident manager is considered an owner for purposes of notice and other communication required or allowed under this chapter unless the agent or manager specifies otherwise in writing in the rental agreement. (2) 'Rental agreement' means any agreement, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy of a residential rental unit. (3) 'Rental application' means an application required by an owner as a prerequisite to the owner entering into a rental agreement for a residential rental unit. (4) 'Renter' means any person entitled under a rental agreement to occupy a residential rental unit to the exclusion of others. (5) 'Residential rental unit' means a renter's principal place of residence and includes the appurtenances, grounds, and facilities held out for the use of the residential renter generally, and any other area or facility provided to the renter in the rental agreement. It does not include facilities contained in a boarding or rooming house or similar facility, mobile home lot, or recreational property rented on an occasional basis.
πŸ’‘ General Comment
Defines five key terms governing the Act. Managing agents are treated as owners for notice purposes unless they specify otherwise in writing.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 19, 2017 General Session
57-22-3

Duties of owners and renters β€” generally

↑
(1) Each owner and the owner's agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water. (2) Each renter shall cooperate in maintaining the renter's residential rental unit in accordance with this chapter. (3) This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter. (4) Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties.
πŸ’‘ General Comment
Core habitability obligation: owners must maintain units fit for habitation with functioning electrical, heating, plumbing, and hot and cold water. Duties may be reallocated by signed written agreement.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 302, 2025 General Session
57-22-4

Owner's duties

↑
(1) To protect the physical health and safety of the ordinary renter, an owner: (a) may not rent the premises unless they are safe, sanitary, and fit for human occupancy; and (b) shall: (i) maintain common areas in a sanitary and safe condition; (ii) maintain electrical systems, plumbing, heating, and hot and cold water; (iii) maintain any air conditioning system in an operable condition; (iv) maintain other appliances and facilities as specifically contracted in the rental agreement; and (v) for buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal. (2) 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. (3) Before an owner accepts an application fee or any other payment from a prospective renter, the owner shall disclose in writing: (i) a good faith estimate of the rent amount and each fixed, non-rent expense; (ii) the type of each use-based, non-rent expense; (iii) the day on which the unit is scheduled to be available; (iv) the eligibility criteria the owner will consider including criminal history, credit, income, employment, or rental history; and (v) the requirements and process for the prospective renter to recover money paid. (4) A prospective renter may make a written demand for return of money paid within five business days after receiving the rental agreement if the good-faith estimate differed from the actual rental agreement amounts, as long as the renter has not signed the agreement or taken possession; owner must return all money within five business days of demand. (5) An owner may not charge a late fee exceeding the greater of: (a) 10% of the rent agreed to in the rental agreement; or (b) $75. Owner may not charge fees not included in the rental agreement unless tenancy is month-to-month and owner provides 15-day notice. (6) Before entering into a rental agreement, the owner shall: (a) provide a written inventory of existing conditions; (b) furnish a form for the renter to document conditions and allow reasonable time to complete and return it; or (c) provide the renter an opportunity to conduct a walkthrough inspection. (7) At or before commencement of the rental term, an owner shall disclose the owner's name, address, and telephone number or authorized manager's information in writing, and provide an executed copy of the rental agreement and any applicable rules and regulations. (8) Nothing in this section prohibits any fee, fine, assessment, interest, or cost allowed by law or stated in the rental agreement. (9) A renter may not use an owner's failure to comply with subsections (2) through (7) as a basis to excuse the renter's compliance or to bring a cause of action against the owner.
πŸ“ Utah Comment
HB 182 (eff. May 7, 2025) added Subsection (3) requiring written pre-tenancy disclosure of all rent, fixed expenses, use-based fees, availability date, and eligibility criteria before any payment is accepted.
πŸ’‘ General Comment
Key owner duties section covering habitability, 24-hour entry notice, pre-tenancy fee disclosures (2025), late fee cap (greater of $75 or 10% of rent), move-in documentation, and required disclosures at lease commencement.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 98, 2021 General Session; HB 182, 2025 General Session (eff. May 7, 2025)
57-22-4.1

Failure to deliver possession of residential rental unit β€” renter's option to terminate β€” abatement of rent

↑
(1) If an owner fails to deliver possession of a residential rental unit on the date provided in the rental agreement: (a) the renter may, by written notice to the owner, terminate the rental agreement; or (b) if the renter chooses not to terminate the rental agreement, rent abates until the owner delivers possession as provided in the rental agreement. (2) If a renter terminates a rental agreement under Subsection (1)(a), the owner shall, as promptly as reasonable, return to the renter all prepaid rent and any security deposit.
πŸ’‘ General Comment
If the landlord fails to deliver possession on the agreed date, the tenant may terminate and recover all prepaid rent and deposit, or remain and receive rent abatement until possession is delivered.
πŸ“„ View Official Source β†— Effective: Enacted by Chapter 98, 2012 General Session
57-22-5

Renter's duties β€” cleanliness and sanitation β€” compliance with written agreement β€” destruction of property prohibited

↑
(1) Each renter shall: (a) comply with applicable board of health rules materially affecting physical health and safety; (b) maintain the premises occupied in a clean and safe condition and not unreasonably burden any common area; (c) dispose of all garbage and other waste in a clean and safe manner; (d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit; (e) use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner; (f) occupy the residential rental unit in the manner for which it was designed and not increase occupants above those specified in the rental agreement without written permission of the owner; (g) be current on all payments required by the rental agreement; and (h) comply with each rule, regulation, or requirement of the rental agreement, including any prohibition on or allowance of smoking. (2) A renter may not: (a) intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so; (b) interfere with the peaceful enjoyment of the residential rental unit of another renter; or (c) unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs.
πŸ’‘ General Comment
Tenants have eight affirmative duties including maintaining cleanliness, proper use of all systems, payment of rent, and compliance with lease rules. Tenant may not damage property or deny owner access for repairs.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 352, 2010 General Session
57-22-5.1

Crime victim's right to new locks β€” domestic violence victim's right to terminate rental agreement β€” limits on owner relating to assistance from public safety agency

↑
(1) Definitions: 'Crime victim' means a victim of domestic violence, stalking, sexual offenses under Title 76 Chapter 5 Part 4, burglary or aggravated burglary, or dating violence. 'Termination fee' means the equivalent of one month of rent under the rental agreement. 'Public safety agency' means a governmental entity providing fire protection, law enforcement, ambulance, medical, or similar service. (2) Acceptable documentation includes: a protective order following a hearing on notice to both parties; or a copy of a police report documenting an act listed in Subsection (1). (3) A renter who is a crime victim may require the owner to install a new lock to the renter's residential rental unit if the renter provides acceptable documentation and pays for the cost of installation. The owner may retain a copy of the new key but must refuse to provide a copy to the perpetrator. (4) A renter who is a victim of domestic violence may terminate all future obligations under a rental agreement if the renter: is in compliance with all obligations under the rental agreement; provides the owner with a court order or police report; provides written notice of termination including the intended vacate date; and pays the owner a termination fee equal to one month's rent on the later of the date the notice is provided or the date the renter vacates. (5) A renter may terminate under Subsection (4) even if not in compliance with 57-22-5(1)(g) or (2) if noncompliance occurred less than 30 days before notice, the noncompliance is due to domestic violence, and the renter is otherwise in compliance. (6) After providing written notice of termination, the renter shall vacate within 15 days and pay rent for any occupation during that period. (7) A renter may not terminate under Subsection (4) after a notice of eviction is served. (8) A terminating renter remains liable for financial obligations accrued before the notice of termination and for occupancy during the 15-day vacate period. (9) Termination of the renter's future obligations does not terminate the rental agreement for any other person entitled to occupy the unit. (10) An owner may not impose a restriction on a renter's ability to request assistance from a public safety agency, or penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency.
πŸ“ Utah Comment
Chapter 173 (2025) strengthened Subsection (10) prohibiting owners from restricting tenants from contacting public safety agencies.
πŸ’‘ General Comment
Crime victims may require new locks at their own expense. Domestic violence victims may terminate a lease by providing documentation and paying one month's rent as a termination fee, with 15 days to vacate. Owners may not penalize tenants for contacting public safety agencies.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 173, 2025 General Session
57-22-6

Renter remedies for deficient condition of residential rental unit

↑
(1) Definitions: 'Corrective period' means: (i) for a standard of habitability, three calendar days; and (ii) for a rental agreement requirement, 10 calendar days. 'Deficient condition' means a condition of a residential rental unit that violates a standard of habitability or a rental agreement requirement and is not caused by the renter, renter's family, or renter's guest. 'Standard of habitability' means a standard relating to the condition of a residential rental unit that an owner is required to maintain under Subsection 57-22-3(1) or 57-22-4(1)(a) or (b)(i), (ii), or (iii). (2) If a renter believes the unit has a deficient condition, the renter may serve a written notice of deficient condition that: describes each deficient condition; states the applicable corrective period; states the chosen renter remedy if the owner fails to act; provides the owner permission to enter to make corrective action; and is served in accordance with Section 78B-6-805 or the rental agreement. (3) If a renter believes the unit has a dangerous condition (posing substantial risk of imminent loss of life or significant physical harm), the renter may notify the owner by any reasonable means. The owner shall within 24 hours commence remedial action and diligently pursue it to completion. Notice of a dangerous condition does not constitute a notice of deficient condition unless it also meets the requirements of Subsection (2). (4) If the owner fails to take substantial corrective action within the corrective period: (a) Rent Abatement Remedy: rent is abated as of the date of notice; the rental agreement is terminated; the owner must immediately return the entire security deposit and prorated prepaid rent; and the renter must vacate within 10 calendar days after expiration of the corrective period; OR (b) Repair and Deduct Remedy: the renter may correct the deficient condition and deduct from future rent the amount paid, not exceeding two months' rent; the renter must maintain all receipts and provide copies to the owner within five calendar days after the beginning of the next rental period. (4)(b) A renter is not entitled to a renter remedy if not in compliance with all requirements under Section 57-22-5. (4)(c) If a residential rental unit is not fit for occupancy, an owner may decline to correct a deficient condition and terminate the rental agreement, with written notice to the renter by the end of the corrective period, return of prepaid rent and deposits within 10 calendar days, and at least 10 days for the renter to vacate. (5) After the corrective period expires, a renter may bring a court action to enforce the chosen remedy. The court shall endorse the summons requiring the owner to appear and defend within three business days. If the owner unjustifiably refused to correct a deficient condition, the renter is entitled to damages in addition to the renter remedy. The court may award costs and reasonable attorney fees to the prevailing party.
πŸ’‘ General Comment
Corrective periods: 3 days for habitability standards; 10 days for lease requirements; 24 hours for dangerous conditions. Tenant has two remedies if owner fails to act: rent abatement (lease terminates) or repair-and-deduct (up to 2 months' rent). Tenant must be in compliance with Section 57-22-5 to use either remedy.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 401, 2023 General Session
57-22-7

Limitation on counties and municipalities

↑
(1) A county or municipality may not adopt an ordinance, resolution, or regulation that is inconsistent with this chapter. (2)(a) Subsection (1) may not be construed to limit the ability of a county or municipality to enforce an applicable administrative remedy with respect to a residential rental unit for a violation of a county or municipal ordinance, subject to Subsection (2)(b). (b) A county or municipality's enforcement of an administrative remedy may not have the effect of: (i) modifying the time requirements of a corrective period as defined in Section 57-22-6; (ii) limiting or otherwise affecting a tenant's remedies under Section 57-22-6; or (iii) modifying an owner's obligation under this chapter relating to the habitability of a residential rental unit. (3) A municipality with a good landlord program under Section 10-1-203.5 may not limit an owner's participation in the program or reduce program benefits because of renter or crime victim action that the owner is prohibited under Subsection 57-22-5.1(10) from restricting or penalizing.
πŸ’‘ General Comment
Local governments may enforce their own ordinances but may not adopt regulations inconsistent with the Fit Premises Act or modify the corrective periods or tenant remedies established by Section 57-22-6.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 166, 2023 General Session
57-17-1

Return or explanation of retainage upon termination of tenancy

↑
Owners or designated agents requiring deposits however denominated from renters leasing or renting residential dwelling units shall either return those deposits at the termination of the tenancy or provide the renter with written notice explaining why any deposit refundable under the terms of the lease or rental agreement is being retained.
πŸ’‘ General Comment
Landlords must either return the deposit or provide a written explanation of retention at termination of tenancy.
πŸ“„ View Official Source β†— Effective: Enacted by Chapter 74, 1981 General Session
57-17-2

Non-refundable deposit β€” written notice required

↑
If there is a written agreement and if 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.
πŸ’‘ General Comment
Any non-refundable fee or deposit must be designated as non-refundable in writing at the time it is collected. Fees not so designated are refundable.
πŸ“„ View Official Source β†— Effective: Enacted by Chapter 74, 1981 General Session
57-17-3

Deductions from deposit β€” written itemization β€” time for return

↑
(1) Upon termination of a tenancy, the owner or the owner's agent may apply property or money held as a deposit toward the payment of rent, damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit. (2) No later than 30 days after the day on which a renter vacates and returns possession of a rental property to the owner or the owner's agent, the owner or the owner's agent shall mail or deliver to the renter at the renter's last known address, or electronically to the renter by a means provided to the owner by the renter: (a) the balance of any deposit; (b) the balance of any prepaid rent; and (c) if the owner made any deductions, a written notice that itemizes and explains the reason for each deduction. (3) If an owner fails to comply with Subsection (2), the renter may serve the owner a formal written notice (using a specified statutory form) demanding compliance within five business days. The notice must state the names of the parties, the vacate date, that the owner failed to comply, and the address for delivery. (4) The formal demand notice shall be served by: personal delivery to the owner at the address in the lease; leaving with a person of suitable age at that address; affixing to the address in a conspicuous place if no suitable person is found; or by registered or certified mail to the address in the lease. (5) Within five business days after the formal demand notice is served, the owner or agent shall comply with the requirements of Subsection (2).
πŸ“ Utah Comment
HB 480 (eff. May 7, 2025) expressly authorized electronic return of deposits and prepaid rent if the renter has provided a means of electronic delivery to the owner.
πŸ’‘ General Comment
Permissible deductions: unpaid rent, damages beyond normal wear and tear, contractual fees, cleaning. 30-day return deadline from date of vacate and return of possession. Failure to comply triggers tenant's right to serve a formal demand notice requiring compliance within 5 business days.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 275, 2025 General Session
57-17-4

Holder of owner's or designated agent's interest bound by provisions

↑
The holder of the owner's or designated agent's interest in the premises at the time of termination of the tenancy shall be bound by the provisions of this act.
πŸ’‘ General Comment
Purchasers of rental property take subject to existing security deposit obligations. The successor in interest at the time of tenancy termination is bound by the deposit return requirements.
πŸ“„ View Official Source β†— Effective: Enacted by Chapter 74, 1981 General Session
57-17-5

Failure to return deposit or prepaid rent or to give required notice β€” recovery of deposit, penalty, costs, and attorney fees

↑
(1) If an owner or the owner's agent fails to comply with the requirements of Subsection 57-17-3(5) (i.e., fails to comply with the formal tenant demand notice within five business days), the renter may: (a) recover from the owner: (i) if the owner failed to timely return the balance of the renter's deposit, the full deposit; (ii) if the owner failed to timely return the balance of prepaid rent, the full amount of prepaid rent; and (iii) a civil penalty of $100; and (b) file an action to enforce compliance with the provisions of this section. (2) In an action under Subsection (1)(b), the court shall award costs and attorney fees to the prevailing party if the court determines that the opposing party acted in bad faith. (3) A renter is not entitled to relief under this section if the renter fails to serve a formal demand notice in accordance with Subsection 57-17-3(3). (4) This section does not preclude an owner or a renter from recovering other damages to which the owner or the renter is entitled.
πŸ’‘ General Comment
Consequences of failure to comply with tenant's formal demand notice: landlord must forfeit full deposit + full prepaid rent + $100 civil penalty. Court costs and attorney fees awarded if the opposing party acted in bad faith. Tenant must serve the formal demand notice first to be eligible for these remedies.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 401, 2023 General Session
78B-6-801

Unlawful detainer by tenant β€” definitions

↑
A tenant of real property is guilty of an unlawful detainer in the following cases: (1) When the tenant continues in possession in person or by subtenant, without permission of the landlord, after the expiration of the term for which it is let to the tenant. In all cases, the tenant is entitled to notice as provided in Section 78B-6-802. (2) When the tenant, having a lease of definite duration, holds over after the expiration of the lease. (3) When the tenant continues in possession, in person or by subtenant, after default in the payment of rent and three days' notice, in writing, requiring its payment or the possession of the property. (4) When the tenant continues in possession after failure to perform any condition or covenant of the lease or after committing waste upon the premises and three days' notice, in writing, requiring the performance or the possession of the property. (5) When the tenant continues in possession after failure to comply with any lawful rule or regulation and three days' notice. For purposes of this part, 'days' means calendar days.
πŸ’‘ General Comment
Five situations constituting unlawful detainer: holdover after lease expiration; holdover with definite term lease; nonpayment of rent after 3-day notice; failure to perform lease conditions after 3-day notice; failure to comply with rules after 3-day notice. 'Days' means calendar days.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
78B-6-802

Notice requirements for termination and eviction

↑
The notices required by Section 78B-6-801 shall be served as follows: (1) For nonpayment of rent: 3-day written notice to pay rent or quit (surrender possession). (2) For lease violation (curable): 3-day written notice to comply with the lease condition or quit. (3) For nuisance, waste, or illegal activity: 3-day notice to quit (no opportunity to cure). (4) For termination of month-to-month tenancy: 15-day written notice before the end of the rental period. (5) For at-will tenancy (no written or oral lease): 5-day notice to quit. Notice may be served by: personal delivery; leaving with a person of suitable age and discretion at the property; or by affixing to the main entrance in a conspicuous place if no such person is available. For notices to pay or quit: if the tenant pays all rent due before the 3-day period expires, the eviction proceeding may not be commenced for that nonpayment.
πŸ’‘ General Comment
Notice summary: Nonpayment = 3-day pay-or-quit. Lease violation = 3-day comply-or-quit. Nuisance/illegal activity = 3-day quit (no cure). Month-to-month termination = 15-day notice. At-will tenancy = 5-day notice. Tenant who pays in full within 3 days cures the nonpayment.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
78B-6-805

Service of notice

↑
A notice required under this part shall be served on the defendant by: (1) delivering a copy to the defendant personally; (2) if the defendant is absent from the defendant's place of residence or usual place of business, leaving a copy with some person of suitable age and discretion at either place and mailing a copy to the defendant at the defendant's place of residence or usual place of business; (3) if the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found, affixing a copy in a conspicuous place on the property and delivering a copy to a person there residing, if any, and mailing a copy to the defendant at the place where the property is situated.
πŸ’‘ General Comment
Three methods of notice service: personal delivery; substituted service (suitable person + mail); or posting on property (if residence and suitable person unavailable) + mail.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
78B-6-807

Complaint in unlawful detainer action

↑
The complaint in unlawful detainer shall state: (1) the interest of the plaintiff in the premises; (2) the interest of the defendant in the premises, as far as known to the plaintiff; (3) the manner in which the defendant became the defendant's interest; (4) the circumstances under which the defendant is guilty of unlawful detainer; and (5) a description of the premises.
πŸ’‘ General Comment
The unlawful detainer complaint must state the plaintiff's and defendant's interest in the property, how the tenancy arose, the grounds for unlawful detainer, and a property description.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
78B-6-810

Judgment β€” writ of restitution β€” damages

↑
If judgment is in favor of the plaintiff, the court shall grant judgment against the defendant: (1) for restitution of the premises; (2) for any unpaid rent and other money damages proved at trial; (3) for court costs; and (4) for attorney fees if provided by the lease or statute. The court shall issue a writ of restitution directing the sheriff or constable to restore possession of the premises to the plaintiff. The writ of restitution may be issued at or after judgment. If the defendant has not vacated within three judicial days after service of the writ of restitution, the sheriff or constable shall remove the defendant from the premises.
πŸ’‘ General Comment
Judgment for plaintiff includes restitution of premises, unpaid rent, court costs, and attorney fees if authorized. Writ of restitution is served by sheriff or constable; defendant has three judicial days to vacate before forcible removal.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
78B-6-814

Self-help eviction prohibited

↑
Except as specifically permitted by law, a landlord may not recover possession of a dwelling unit by any means other than a judicial proceeding. A landlord shall not: (1) willfully interrupt or cause the interruption of any utility service furnished the tenant including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utilities are under the control of or payment is made by the landlord; (2) remove or exclude the tenant from the premises; (3) remove, alter, or add any lock or locking device on any door; (4) remove any door, window, or attic hatchway; or (5) remove the tenant's personal property from the dwelling unit. A landlord violating this section is liable to the tenant for all actual damages sustained plus a penalty of not less than $100 and not more than $1,000 for each act of prohibited conduct.
πŸ’‘ General Comment
Self-help eviction is expressly prohibited. Landlords may not shut off utilities, remove locks, remove doors, or remove tenant property. Penalty: actual damages plus $100-$1,000 per prohibited act.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
57-21-1

Short title β€” Utah Fair Housing Act

↑
This chapter is known as the 'Utah Fair Housing Act.'
πŸ’‘ General Comment
Establishes the official name of Utah's state fair housing statute.
πŸ“„ View Official Source β†— Effective: Enacted by Chapter 233, 1989 General Session
57-21-2

Definitions

↑
Key definitions: 'Aggrieved person' includes a person who claims to have been injured by a discriminatory housing practice or believes injury is about to occur. 'Commission' means the Utah Labor Commission. 'Disability' means a physical or mental impairment substantially limiting one or more major life activities; does not include current illegal use of federally controlled substances. 'Familial status' means one or more individuals under age 18 domiciled with a parent or legal custodian, or the designee with written permission; includes pregnant persons and those seeking legal custody. 'Gender identity' has the meaning in DSM-5 and may be shown by medical history, consistent assertion, or other evidence. 'Sexual orientation' means actual or perceived orientation as heterosexual, homosexual, or bisexual. 'Source of income' means the verifiable condition of being a recipient of federal, state, or local assistance including medical assistance, housing subsidies, rental assistance, or rent supplements.
πŸ“ Utah Comment
Utah adds 'source of income' and 'sexual orientation' and 'gender identity' as protected classes beyond federal fair housing law.
πŸ’‘ General Comment
Defines key terms. Utah's fair housing protections extend beyond federal law to include source of income, sexual orientation, and gender identity as additional protected characteristics.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 13, 2015 General Session
57-21-3

Exemptions

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The Utah Fair Housing Act does not apply to: (1) A single-family dwelling sold or rented by its owner if: the owner does not own interest in four or more single-family units held for sale or lease at the same time; during a 24-month period the owner does not sell two or more such units in which the owner was not residing; the owner does not retain a real estate broker; and the owner does not use a discriminatory practice in subsection 57-21-5(2). (2) A dwelling or temporary/permanent residence facility if the discrimination is by sex, sexual orientation, gender identity, or familial status for reasons of personal modesty or privacy or in furtherance of a religious institution's free exercise, and the facility is owned by or operated by a nonprofit or religious organization or affiliate. (3) The rental of a room in an owner-occupied single-family dwelling designed for four or fewer families, except the prohibition on discriminatory advertising still applies. (4) Religious organizations may limit occupancy to persons of the same religion in dwellings they own or operate for primarily noncommercial purposes. (5) Private clubs may limit lodging rentals to members on a noncommercial basis. (6) Distinctions based on inability to fulfill lease financial obligations are permitted. (7) Certain nonprofit educational institution housing arrangements. (8) Reasonable local, state, or federal restrictions on maximum occupancy. (9) Senior housing designated as housing for older persons under federal law is exempt from familial status provisions.
πŸ’‘ General Comment
Nine categories of exempt housing arrangements under Utah Fair Housing Act. Single-family-owner-occupied rooms are exempt from the Act except for discriminatory advertising. Religious organizations may restrict occupancy to members of the same religion in non-commercial dwellings.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 9, 2025 Special Session 1
57-21-5

Discriminatory practices enumerated β€” protected classes

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(1) It is a discriminatory housing practice to do any of the following because of a person's race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity: (a) refuse to sell or rent after a bona fide offer, refuse to negotiate, or otherwise deny or make unavailable a dwelling; (b) discriminate in the terms, conditions, or privileges of sale or rental or in providing facilities or services; or (c) represent that a dwelling is not available for inspection, sale, or rental when it is. (2) It is a discriminatory housing practice to make, print, circulate, publish, post, or cause to be made any notice, statement, or advertisement, or to use any application form, that directly or indirectly expresses any preference, limitation, or discrimination based on any protected characteristic. (3) It is a discriminatory housing practice to induce or attempt to induce, for profit, a person to buy, sell, or rent a dwelling by making a representation about the entry or prospective entry into the neighborhood of persons of a particular protected characteristic (blockbusting). (4) Discriminatory housing practices include: (a) refusing to permit reasonable modifications for a person with a disability at the disability person's expense (landlord may condition permission on reasonable restoration agreement); (b) refusing to make reasonable accommodations in rules, policies, practices, or services necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling; and (c) failure to design and construct covered multifamily dwellings (4+ units) for first occupancy after March 13, 1991 in an accessible manner. (5) This section applies to discriminatory practices based upon a person's association with another person of a protected class.
πŸ“ Utah Comment
Utah's protected classes include source of income, sexual orientation, and gender identity in addition to the federal fair housing protected classes.
πŸ’‘ General Comment
Protected characteristics: race, color, religion, sex, national origin, familial status, source of income (Utah-specific), disability, sexual orientation (Utah-specific), and gender identity (Utah-specific). Discrimination in availability, terms, advertising, and reasonable accommodations is prohibited.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 13, 2015 General Session
57-21-9

Procedure for filing a complaint β€” investigation β€” determination

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(1) An aggrieved person may file a written verified complaint with the Utah Labor Commission Division of Antidiscrimination and Labor within 180 days after the day on which an alleged discriminatory housing practice occurs. (2) The commission shall adopt rules consistent with 24 C.F.R. Sec. 115.3 governing the form of complaints and procedures. (3) During the period beginning with the filing of the complaint and ending with the director's determination, the division shall engage in conciliation to the extent feasible. (4) The division shall commence investigation and conciliation proceedings within 30 days after the complaint is filed. (5) The division shall complete investigation within 100 days after filing unless impracticable; shall notify parties in writing of reasons for any delay. (6) If investigation finds no reasonable cause, the director shall issue a written determination dismissing the complaint. (7) If investigation finds reasonable cause: (a) the division shall attempt conciliation between the parties; (b) if conciliation results in voluntary compliance, the parties shall execute a conciliation agreement enforceable in court; if conciliation fails, the director shall issue a written determination ordering appropriate relief under Section 57-21-11.
πŸ’‘ General Comment
Complaint must be filed within 180 days. Division has 30 days to commence investigation and 100 days to complete it. Director may dismiss (no reasonable cause) or order relief (reasonable cause found). Conciliation is attempted before formal action.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 100, 2019 General Session
57-21-11

Relief granted β€” civil penalties β€” enforcement

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(1) If the director, presiding officer, or court finds reasonable cause to believe a discriminatory housing practice has occurred or is about to occur, the director, presiding officer, or court may order: (a) the respondent to cease the discriminatory housing practice; (b) actual damages, reasonable attorney fees and costs to the aggrieved person; and (c) any permanent or temporary injunction, temporary restraining order, or other appropriate order. (2) In addition to relief to the aggrieved person, to vindicate the public interest, civil penalties may be assessed against the respondent in amounts not exceeding: (a) $10,000 for no prior adjudicated discriminatory housing practice; (b) $25,000 if one prior adjudicated practice within the five-year period ending on the filing date; or (c) $50,000 if two or more prior adjudicated practices within the seven-year period ending on the filing date.
πŸ’‘ General Comment
Civil penalties: $10,000 (first offense), $25,000 (second within 5 years), $50,000 (third within 7 years). Prevailing complainants may also recover actual damages, attorney fees, and injunctive relief.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 401, 2023 General Session
57-21-12

Private right of action

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(1) In addition to the administrative procedure under Section 57-21-9, a person aggrieved by a discriminatory housing practice may commence a private civil action in district court within two years after the alleged discriminatory housing practice occurred, after termination of the practice, or after a breach of a conciliation agreement. (2) The two-year period does not include time during which an administrative proceeding under this chapter was pending. (3) An aggrieved person may bring a private civil action even if a complaint has been filed with the division, in which case the division is barred from continuing the administrative proceeding. (4) In a private civil action, if the court finds a discriminatory housing practice occurred or is about to occur, the court may: (a) order the respondent to cease the practice; (b) award actual damages, punitive damages, and reasonable attorney fees; and (c) grant injunctive relief or civil penalties under Section 57-21-11.
πŸ’‘ General Comment
Private civil actions must be filed within 2 years. Remedies include actual damages, punitive damages, attorney fees, injunctive relief, and civil penalties. Filing a private action bars the division from continuing its administrative proceeding on the same claims.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 13, 2015 General Session
57-22-4 (Rent Increase Notice)

Rent increase notice requirement

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An owner of a residential rental unit shall provide notice of an increase in the monthly rental amount at least 60 days before the date the rent increase takes effect, unless: (1) the renter agrees to a different notice period in writing (e.g., as specified in a written lease agreement); (2) the increase is in response to a change in maximum rent caps for a low-income tax credit community; or (3) the increase applies to housing subject to Section 8 of the Housing Act of 1937.
πŸ“ Utah Comment
Added by H.B. 355, effective May 2024, amending Utah Code 57-22-2 and 57-22-4.
πŸ’‘ General Comment
Utah requires 60 days' written notice before any rent increase takes effect. Exceptions apply for lease agreements with different notice periods, LIHTC communities, and Section 8 housing. Utah has no rent control; landlords may set rent at any amount.
πŸ“„ View Official Source β†— Effective: Amended by H.B. 355, 2024 General Session (effective May 2024)
10-1-407

Prohibition on local rent control

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A municipality may not enact or enforce an ordinance, resolution, or other regulation that controls the rent charged for private residential rental property. This section does not apply to: residential property owned, financed, insured, or subsidized by a state or local agency; or housing subject to rent control as a condition of state or local financial assistance.
πŸ’‘ General Comment
Utah prohibits rent control on private residential rental property at the local level. No city or county may enact rent control. Exceptions for government-subsidized housing.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
HB 182 (2025)

Mandatory fee and rent disclosures β€” effective May 7, 2025

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Amends Utah Code 57-22-4. Before accepting an application fee or any other payment from a prospective renter, the owner shall disclose in writing: (1) a good faith estimate of the rent amount and each fixed, non-rent expense that is part of the rental agreement; (2) the type of each use-based, non-rent expense that is part of the rental agreement; (3) the day on which the residential rental unit is scheduled to be available; (4) the criteria the owner will consider in determining the prospective renter's eligibility including criminal history, credit, income, employment, or rental history; and (5) the requirements and process for the prospective renter to recover money paid if the good-faith estimate differs from the actual rental agreement. Tenant remedy: if the actual rental agreement differs from the estimate or includes undisclosed use-based expenses, the prospective renter may make a written demand for return of all money paid within five business days of receiving the rental agreement, so long as the renter has not signed or taken possession. The owner must return all money within five business days of receiving the demand.
πŸ“ Utah Comment
Effective: May 7, 2025. All Utah landlords must provide written pre-tenancy disclosure of all fees and expenses before collecting any payment from a prospective renter.
πŸ’‘ General Comment
New 2025 law requiring written disclosure of all fees and expenses before collecting any payment. Tenant has 5-business-day window to demand return of money if actual agreement differs from disclosures.
πŸ“„ View Official Source β†— Effective: Effective May 7, 2025
HB 480 (2025)

Electronic deposit returns and post-eviction access β€” effective May 7, 2025

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Amends Utah Code 57-17-3 and related provisions. (1) Electronic Returns: Landlords may return security deposits and prepaid rent electronically if the tenant provides consent to receive electronic delivery (i.e., by providing the owner or owner's agent a means of electronic delivery). (2) Post-Eviction Access to Essential Items: Tenants who have been evicted must be allowed to retrieve essential items including government-issued identification, prescription medications, and important documents within five business days after the eviction. Landlords may not prevent access to these essential items during the five-business-day period.
πŸ“ Utah Comment
Effective: May 7, 2025.
πŸ’‘ General Comment
Two provisions: (1) security deposits may now be returned electronically with tenant consent; (2) evicted tenants must be given 5 business days to retrieve IDs, medicines, and essential documents.
πŸ“„ View Official Source β†— Effective: Effective May 7, 2025
HB 355 (2024)

60-day rent increase notice requirement β€” effective May 2024

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Amends Utah Code 57-22-2 and 57-22-4. An owner of a residential rental unit shall provide notice of an increase in the monthly rental amount at least 60 days before the date the rent increase takes effect, unless: (1) the renter agrees in writing to a different notice period; (2) the increase is in response to a change in maximum rent caps for a low-income tax credit community; or (3) the increase applies to housing subject to Section 8 of the Housing Act of 1937.
πŸ“ Utah Comment
Effective: May 2024. Previously there was no statutory notice requirement for rent increases in Utah.
πŸ’‘ General Comment
New 2024 requirement: landlords must give 60 days' written notice before any rent increase. Exceptions for lease provisions, LIHTC caps, and Section 8 adjustments.
πŸ“„ View Official Source β†— Effective: Effective May 2024
Chapter 173 (2025)

Domestic violence and public safety agency protections β€” amended

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Amends Utah Code 57-22-5.1. Strengthens the prohibition against landlords restricting tenants from contacting public safety agencies. (1) An owner may not impose a restriction on a renter's ability to request assistance from a public safety agency. (2) An owner may not penalize or evict a renter because the renter makes reasonable requests for assistance from a public safety agency. Also updated: definition of 'termination fee' for domestic violence lease terminations clarified as the equivalent of one month of rent under the rental agreement.
πŸ“ Utah Comment
Effective: 2025 General Session.
πŸ’‘ General Comment
Strengthened prohibition on landlords restricting tenants from calling police, fire, ambulance, or other public safety services. Landlords who retaliate against tenants for calling for help may face eviction defense and damages.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 173, 2025 General Session
57-22-4 (Move-in inventory)

Move-in condition documentation requirement

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Before an owner and a prospective renter enter into a rental agreement, the owner shall: (a) provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear; (b) furnish the renter a form to document the condition of the residential rental unit and allow the resident a reasonable time after the renter's occupancy of the unit to complete and return the form; or (c) provide the prospective renter an opportunity to conduct a walkthrough inspection of the residential rental unit. Subsection (6) of Section 57-22-4.
πŸ’‘ General Comment
Landlord must either provide a written condition inventory, a form for tenant to complete post-move-in, or a walkthrough inspection opportunity. Satisfies any one of the three options.
πŸ“„ View Official Source β†— Effective: Amended by Chapter 98, 2021 General Session
57-22-4 (Entry notice)

24-hour entry notice requirement

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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. This requirement may be modified by the rental agreement. An owner who receives a maintenance or repair request from the renter may enter to address that specific request without additional notice. Emergency entry is not subject to the 24-hour notice requirement. Subsection (2) of Section 57-22-4.
πŸ’‘ General Comment
Utah requires at least 24 hours' advance notice before owner entry. The rental agreement may specify a different notice period. Emergency entry requires no notice. Tenant maintenance request constitutes implicit permission for that specific repair.
πŸ“„ View Official Source β†— Effective: Enacted 1990; amended through 2025
57-22-4 (Late fee cap)

Late fee cap β€” greater of $75 or 10% of rent

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An owner may not charge a renter a late fee that exceeds the greater of: (i) 10% of the rent agreed to in the rental agreement; or (ii) $75. An owner may not charge a fee, fine, assessment, interest, or other cost: in an amount greater than the amount agreed to in the rental agreement; or that is not included in the rental agreement, unless the rental agreement is on a month-to-month basis and the owner provides the renter a 15-day notice of the charge. Subsection (5) of Section 57-22-4.
πŸ’‘ General Comment
Late fee cap: the greater of $75 or 10% of monthly rent. No grace period is mandated by state law β€” the lease may specify one. Additional fees not in the rental agreement may only be imposed on month-to-month tenants with 15-day advance notice.
πŸ“„ View Official Source β†— Effective: Enacted; current through 2025
57-22-4 (Security deposit β€” no cap)

Security deposit β€” no statutory cap

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Utah has no statutory cap on the amount a landlord may charge for a security deposit. Landlords may charge as much as the market will bear. There is no requirement to hold the deposit in a separate or escrow account. Non-refundable fees or deposits must be designated in writing as non-refundable at the time they are collected (Section 57-17-2). The deposit must be returned with itemized deductions within 30 days of the tenant's vacate and return of possession (Section 57-17-3).
πŸ’‘ General Comment
Unlike Arizona (1.5x monthly rent cap) and many other states, Utah imposes no maximum on security deposit amounts. No separate account requirement. 30-day return deadline applies regardless of deposit amount.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
57-16 (Mobile Homes)

Mobile home residency rights act β€” applicability note

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Utah Code Title 57, Chapter 16 (Mobile Home Residency Rights Act) provides separate landlord-tenant protections applicable to mobile home park residents. Key provisions include: 90-day written notice before termination of a mobile home space tenancy (Section 57-16-4); specific grounds required for termination including nonpayment of rent (5-day cure), lease violations (10-day cure), and change of land use (180-day notice); and prohibition on unreasonable rules. Mobile home owners renting space in a mobile home park are subject to Chapter 16, not Chapter 22 (Fit Premises Act). Chapter 22 expressly excludes mobile home lots from the definition of 'residential rental unit.'
πŸ’‘ General Comment
Mobile home park residents are covered by the separate Mobile Home Residency Rights Act (Title 57, Ch. 16) with different notice and termination requirements, not the Fit Premises Act.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session
Lease Requirements (General)

Lease agreement requirements β€” Utah

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Utah law requires rental agreements to be in writing for leases longer than 12 months. Written agreements are strongly recommended for all tenancies regardless of duration. A written rental agreement must include: the name and address of the owner or authorized manager (Section 57-22-4(7)); the terms and conditions of occupancy; and any rules and regulations applicable to the unit (Section 57-22-4(7)). Both oral and written rental agreements are legally valid for tenancies of 12 months or less. Month-to-month tenancy is the default when no definite term is established. There are no additional required lease clauses beyond the disclosure requirements in Section 57-22-4.
πŸ’‘ General Comment
Written leases legally required only for terms exceeding 12 months; oral leases valid for shorter terms. Best practice is always to use a written lease. Month-to-month is the default tenancy type when no term is specified.
πŸ“„ View Official Source β†— Effective: Current through 2025 General Session

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