Utah Lease Agreements (7) | Residential & Commercial

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Updated January 08, 2023

A Utah lease agreement is a legally binding document used by a landlord and tenants to rent a property. The agreement will establish the responsibilities and terms for each party with the main obligation of the tenant to pay rent on a monthly basis. Prior to authorizing a lease, the landlord is recommended to verify the tenant’s financials by running a credit report. If the landlord approves, a lease is written and signed by both parties.

Rental Application – To get the tenant’s personal information and obtain their consent to run a credit report.

Table of Contents

Agreement Types (7)

Standard Residential Lease Agreement – Residential contract with a start and end date. Usually one year and the most commonly used rental form.

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Association of Realtors – Official form for use by licensed realtors when handling transactions between landlords and tenants.

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Commercial Lease Agreement – For industrial, retail, or office type of space that is not livable.

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Month-to-Month Lease Agreement (§ 78B-6-802) – State law allows a tenancy at will to be terminated with 15 days’ notice by either landlord or tenant.

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Rent-to-Own Lease Agreement – For the use of standard tenancies along with the added option of being able to buy the property in accordance with the terms agreed to by both parties.

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Room Rental (Roommate) Agreement – Used as a means for individuals sharing a home to establish guidelines and rules for the common areas and how much each must pay for certain expenses.

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Sublease Agreement – Allows a tenant under a standard lease to rent the same premises, known as a ‘sublet’, to someone else, known as the “subtenant,” until the end of their lease term. This type of tenancy must usually be approved by the landlord.

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Required Disclosures (2)

Lead-Based Paint Disclosure – The owners/landlords/managers of residential units built before 1978, according to federal law, must fit any new tenants with disclosure of the possibility of lead paint in the walls and ceilings.

Move-in Checklist (§ 57-22-4(3)) – Prior to signing a rental contract, the landlord must give the tenant a checklist of the current condition of the premises. Afterward, the tenant will have a reasonable time period to conduct their own inspection of the property and report back to the landlord. In addition, the tenant may request a walk-through with the landlord to go over the condition of the property.

Security Deposits

Maximum Amount – No State maximum. The landlord may ask for as much as they feel is reasonable.

Returning (§ 57-17-3(2)) – The landlord must return all funds related to the deposit within thirty (30) days from the date of termination.

When is Rent Due? (Grace Period)

There is no rent grace period in Utah. The tenant is required to pay rent on the date mentioned in the lease. If the tenant does not pay rent on the day mentioned, the landlord can send a 3-day notice to quit.

Late Rent

Maximum Penalty (§ 57-22-S4(5)(a)) – The landlord can charge a late fee that is 10% of the monthly rent or $75, whichever is less.

NSF Fee (§ 7-15-2(2)) – $20 is the maximum service charge for a bad check.

Right to Enter (Landlord)

The landlord must give at least twenty-four (24) hours’ notice before entering the leased property (§ 57-22-4(2)).

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