Utah Tenant Rights: Understanding Your Rights and Protections as a Renter
As a renter in Utah, it’s essential to understand your tenant rights to ensure that your landlord is following state laws, and your living conditions meet the necessary standards. When you’re aware of your tenant rights, you’ll be able to take the necessary steps to address issues and have a more positive renting experience. In this article, we’ll look at various aspects of Utah tenant rights to provide you with the information you need to know.
The Right to Fair Housing
The Fair Housing Act is a federal law that protects every renter from discrimination based on certain characteristics, such as race, color, national origin, religion, sex, family status, and disability. In Utah, landlords cannot discriminate against tenants based on their race, color, religion, national origin, sex, familial status, disability, or source of income. It is illegal for a landlord to advertise, refuse to rent, or otherwise discriminate against a tenant based on any of these characteristics.
If you believe that a landlord is discriminating against you, you can contact the Utah Division of Civil Rights to file a complaint. Utah has implemented state laws to further protect tenants against discrimination based on sexual orientation, gender identity, and age.
The Right to a Habitable Unit
One of the most fundamental tenant rights is the right to a safe and secure home. All landlords in Utah are required by law to provide their tenants with a habitable unit. This means that the rental unit must meet certain basic living standards, such as being structurally sound, safe, and free of potential hazards.
Additionally, the rental unit must have functioning plumbing, heating systems, electrical systems, and sanitary facilities. If a unit doesn’t meet these standards, the landlord is required to make the necessary repairs to bring the rental unit up to a habitable condition.
The Right to Receive Notice Before Entry
Tenants have the right to live in privacy and peace in their homes. Landlords in Utah must provide tenants with advance notice before entering the rental unit for any non-emergency reasons. The notice must be in writing and given at least 24 hours before the entry to the rental unit.
However, the landlord can enter without advance notice in case of emergencies like fire, flood, and gas leaks. In these cases, the landlord must still provide their tenants with a statement explaining why they had to enter without notice.
The Right to Security Deposits
When you move into a rental unit, it’s common for a landlord to request a security deposit. The security deposit is used to cover any damages to the rental unit and unpaid rent. Upon vacating the unit, the landlord is required by Utah law to return the deposit, minus any deductions they make for damages or unpaid rent. The landlord must provide a written list of the deductions, and if the deposit isn’t returned or a list of deductions provided within 30 days, the tenant can file a lawsuit against the landlord.
If a landlord doesn’t return the security deposit after deductions, the landlord may be liable to pay back the tenant up to three times the amount of the deposit.
The Right to a Rent Receipt
If you pay your rent in cash, you have the right to receive a rent receipt. Landlords in Utah must provide you with a written receipt that states the payment date, amount paid, rental period covered, and the name and address of the landlord. Landlords are required to provide renters with a rent receipt within five business days of receiving the payment.
The Right to Tenancy Termination
Utah tenants are entitled to a notice before eviction, which is determined by the type of lease agreement they have with their landlord. In a month-to-month lease agreement, a landlord is required to provide the tenant with written notice at least 15 days before evicting them. For a lease agreement with a term of one year or more, the landlord must provide at least three days’ notice.
In addition to the notice for eviction, tenants have the right to remedy. If a tenant violated the lease agreement, the landlord must provide written notice, and the tenant has three days to remedy the situation. If the tenant fails to make the necessary changes, the landlord can start the eviction process.
It’s important to note that tenants can’t be evicted for retaliation or discrimination. If an eviction is done in retaliation for the tenant reporting a violation or exercising their legal rights or based on discriminatory factors, such as their race, sex, religion, or other protected characteristics, the tenant can pursue legal action against the landlord.
Conclusion
As a renter in Utah, it’s important to understand your tenant rights to ensure that you’re protected from discrimination and live in a safe and secure home. When you know your rights, you can take the necessary steps to address issues and seek legal assistance if needed.
Remember, the government resources mentioned in this article can be helpful if you face issues with your landlord or have any questions about your tenant rights. By knowing your rights and what you’re legally entitled to as a tenant, you’ll be better equipped to protect yourself.
Tenant Rights in Utah
Utah Tenant Rights
There are two public resources that provide valuable information about the majority of Utah tenant rights, and these resources are the U.S. Department of Housing and Urban Development and the official government website of the Utah State Courts. The majority of information about Utah Tenant Rights in this article is referenced from the Utah State Courts, but you can find more information under HUD at the following link.
General Utah Tenant Rights
A landlord must abide by each Utah tenant right, or the tenant may be able to terminate the lease without penalty in certain cases. In order for a landlord to follow a specific Utah tenant right, they must perform the following:
• provide the tenant with a safe and sanitary home, and there is a Utah tenant right that allows the tenant to call the health and housing inspector if there is a violation of code
• provide the tenant with proper notice before entering the premises to make repairs unless in the case of an emergency
• provide the tenant with receipts for rent and deposits, and the following documents must be signed
• notify the tenant of any changes in the lease terms at least 15 days before the change in a month-to-month lease, and no changes may be made between yearly leases
• make repairs for the tenant in a timely fashion that have been requested through writing, and abide by local ordinances of when a landlord is allowed to make such repairs
• stop from taking retaliatory action against the Utah tenant right to remain on the property until proper procedure and/or legal action is take, and never lock a tenant out of the property
What Repairs must a Landlord make in Utah?
In order to follow Utah tenant rights, a landlord must make repairs to all common areas such as hallways and grounds. Additionally, the landlord must make structural repairs such as plumbing, electrical, ventilation, heating, cooling, and other major repairs.
Local ordinances control how fast a landlord has to make a repair, and some local ordinances may even place certain repair costs on the tenant.
Utah Tenant Rights for Security Deposits
A landlord must return a security deposit within 30 days after termination of tenancy or 15 days after receiving the forwarding address (whichever is greater. If there are deductions, the landlord must give an itemized list, and the landlord may keep the deposit if there is unpaid rent.
Utah Tenant Right in Evictions
A landlord must notify a tenant at least 15 days before the eviction for a non-nuisance eviction in a month-to-month lease agreement or before the end of a lease. If the tenant is being evicted for a criminal nuisance, non-criminal nuisance, or other specific reason, the landlord only has to give a 3-day notice.
If the landlord has sold the property, they should give the tenant a 15-day notice in a month-to-month lease, but there is a Utah tenant right that allows the person(s) to stay in the property until the end of a yearlong lease.
