Where Can I Find Utah's Landlord Tenant Laws?
The laws that govern landlords and tenants in Utah are found in the following Utah Code sections:
Eviction
Utah Code 78B-6 governs forcible entry and detainer. It sets forth the steps for evicting a tenant and the guidelines for what to do when a tenant abandons a property.
Notice to Tenant re Foreclosure
Utah Code 78B-6-901.5 requires that a lender foreclosing on a residential property must give certain notice to any tenant who is renting that property.
HOA Rental Restrictions
Utah Code 57-8a-209 governs a home owners association right to enact rules that restrict or prohibit rentals within the association. Landlords need to be aware of the rules set forth in this section as well as any applicable HOA rules in a neighborhood where they want to rent out a house.
Lessors’ Lien
Utah Code 38-3 gives landlords a lien for rent due upon all nonexempt property of the tenant brought or kept upon the leased property. It sets forth the rules that govern this lien and how to enforce it.
Mobile Home Parks
Utah Code 57-16 is the Mobile Home Park Residency Act. It discusses lease termination, dispute resolution, rules of parks, payment of rent, and rights and remedies of mobile home park owners and tenants.
Residential Security Deposits
Utah Code 57-17 governs security deposits for residential properties. It dictates what must be done with regard to the return of security deposits, what a tenant can do if the landlord does not return a security deposit, and what penalties the landlord will face if the landlord does not follow the provisions of this
chapter.
Local Rent Control Prohibition
Utah Code 57-20 simply says that local governments cannot enact ordinances that control rent or fees.
Fair Housing
Utah Code 57-21 is the Utah Fair Housing Act. It prohibits housing discrimination based upon a person's race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, or gender identity. There are exceptions.
Fit Premises
Utah Code 57-22 is the Utah Fit Premises Act. It requires landlords to maintain their properties "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.” It requires each residential rental to have electrical systems, heating, plumbing, and hot and cold water.
Assignment of Rents
Utah Code 57-26 governs assignment of rents, including creation, recording, enforcement, and notification. Assignment of rents refers to the situation when a landlord has a loan that uses the landlord’s property as collateral, and the landlord assigns to the lender the right to receive the rent money in the event the landlord defaults on the loan.
Disclosure of Methamphetamine Contamination
Utah Code 57-27 is the Disclosure of Methamphetamine Contaminated Property Act. It requires landlords to disclose in the lease if the landlord has actual knowledge that the property is contaminated. Of course, few people would agree to rent a contaminated property, so as a practical matter, landlords will have to implement a decontamination process before renting the property. Landlords who rent contaminated property without the proper disclosure are subject to liability for damages and attorney’s fees.
Utah court cases provide analysis and insight into the ways Utah judges interpret many of these laws. CT Law’s Utah landlord tenant attorneys represent commercial and residential landlords and tenants in following and interpreting these laws.
This article provides general information only and is not intended to be legal advice. It is not intended to be exhaustive. Please contact a professional regarding your specific situation.