Residential Rental Lease Agreement
Utah Code
Title 57
Chapter 22
Utah Fit Premises Act
Short title.
This chapter is known as the "Utah Fit Premises Act." Title
57, Chap. 22, §57-22-1.
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) "Renter" means any person entitled under a rental agreement
to occupy a residential rental unit to the exclusion of others.
(4) "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. Title 57, Chap. 22, §57-22-2.
Duties of owners and renters -- Generally.
(1) Each owner and his 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 his 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. Title 57,
Chap. 22, §57-22-3.
Owner's duties -- Maintenance of common areas, building, and
utilities -- Duty to correct -- No duty to correct condition caused by renter
-- Owner may refuse to correct.
(1) To protect the physical health and safety of the ordinary renter,
each owner shall:
(a) not rent the premises unless they are safe, sanitary, and fit
for human occupancy;
(c) maintain electrical systems, plumbing, heating, and hot and
cold water;
(e) for buildings containing more than two residential rental units,
provide and maintain appropriate receptacles for garbage and other waste
and arrange for its removal, except to the extent that renters and owners
otherwise agree.
(2) In the event the renter believes the residential rental unit
does not comply with the standards for health and safety required under
this chapter, the renter shall give written notice of the noncompliance
to the owner. Within a reasonable time after receipt of this notice, the
owner shall commence action to correct the condition of the unit. The notice
required by this subsection shall be served pursuant to Section 78-36-6.
(3) The owner need not correct or remedy any condition caused by
the renter, the renter's family, or the renter's guests or invitees by
inappropriate use or misuse of the property during the rental term or any
extension of it.
(4) The owner may refuse to correct the condition of the residential
rental unit and terminate the rental agreement if the unit is unfit for
occupancy. If the owner refuses to correct the condition and intends to
terminate the rental agreement, he shall notify the renter in writing within
a reasonable time after receipt of the notice of noncompliance. If the
rental agreement is terminated, the rent paid shall be prorated to the
date the agreement is terminated, and any balance shall be refunded to
the renter along with any deposit due.
(5) The owner is not liable under this chapter for claims for mental
suffering or anguish. Title 57, Chap. 22, §57-22-4.
Renter's duties -- Cleanliness and sanitation -- Compliance with
written agreement -- Destruction of property, interference with peaceful
enjoyment prohibited.
(1) Each renter shall:
(a) comply with the rules of the board of health having jurisdiction
in the area in which the residential rental unit is located which materially
affect physical health and safety;
(b) maintain the premises occupied in a clean and safe condition
and shall not unreasonably burden any common area;
(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, but the renter may not increase the number of occupants above
that specified in the rental agreement without written permission of the
owner;
(h) comply with all appropriate requirements of the rental agreement
between the owner and the renter, which may include either a prohibition
on, or the allowance of, smoking tobacco products within the residential
rental unit, or on the premises, or both.
(2) No renter may:
(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;
(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 to the unit. Title 57, Chap. 22, §57-22-5.
Renter's remedies -- Compliance required -- Notice to owner or
agent-renter entitled to judicial remedy -- Attorneys' fees.
(1) A renter is not entitled to the remedies set forth in this
section unless the renter is in compliance with all provisions of Section
57-22-5.
(2) If a reasonable time has elapsed after the renter has served
written notice on the owner under Section 57-22-4 and the condition described
in the notice has not been corrected, the renter may cause a "notice to
repair or correct condition" to be prepared and served on the owner pursuant
to Section 78-36-6. This notice shall:
(b) recite the number of days that have elapsed since the notice
was served and state that under the circumstances such a period of time
constitutes the reasonable time allowed under Section 57-22-4;
(e) state that in the event of failure of the owner to commence
reasonable corrective action within three days the renter will seek redress
in the courts.
(3)
(a) If the owner has not corrected or used due diligence to correct
the conditions following the notice under this section, the renter is entitled
to bring an action in district court.
(b) The court shall endorse on the summons the number of days within
which the owner is required to appear and defend the action, which shall
not be less than three nor more than 20 days from the date of service.
(c) Upon a showing of an unjustified refusal to correct or the failure
to use due diligence to correct a condition described in this chapter,
the renter is entitled to damages and injunctive relief as determined by
the court.
(d) The damages available to the renter include rent improperly
retained or collected. Injunctive relief includes a declaration of the
court terminating the rental agreement and an order for the repayment of
any deposit and rent due.
(e) The prevailing party shall be awarded attorneys' fees commensurate
with the cost of the action brought.
(4)
(a) If the renter is notified that the owner intends to terminate
the rental agreement pursuant to Section 57-22-4, the renter is entitled
to receive the balance of the rent due and the deposit on the rental unit
within ten days of the date the agreement is terminated.
(b) No renter may be required to move sooner than ten days after
the date of notice. Title 57, Chap. 22, §57-22-6.
