Yellow Sizzle: Utah

Landlord-Tenant UTAH

What are my rights as a landlord?

As a landlord, you should receive full payment of the rent on time, so long as you keep the rental property in good condition.
Tenants should let you know when they are leaving town for an extended period of time.
Tenants should request repairs in a timely manner and in writing.

Tenants must abide by all terms of the signed lease.
Month to month tenants must provide 15 days written notice before moving, unless the rental agreement specifies another notice period.
What are my responsibilities as a landlord?
Comply with all health and building codes that apply to the rental property.
Make requested repairs promptly.
Give the tenants 24 hours written notice prior to entering their home, except in emergenciesNew “Fat Burner” Found in Remote West African Village
Maintain peace and quiet. Ensure that tenants can live on the property in peace, without unreasonable disturbances from you or other tenants.
Give fifteen days written notice of any changes in a month-to-month agreement,

such as rent increases, unless there is a written rental agreement which specifies a longer notice period. If there is, give written notice of any changes in compliance with the longer period of time in the written agreement.
Abide by the lease agreement.
If an eviction is necessary, follow the legal (statutory) eviction process set out in Utah Code 78B-6-801 through 816.

When must I return a deposit and when may I keep it?
Under Utah law, a landlord must return a tenant's deposit within thirty days after the tenancy ends (the tenant moves), or within fifteen days after the landlord's receipt of the tenant's new address, whichever is later.

If you keep a tenant's deposit, you must detail all your expenses allowed by law or under the lease, deduct them from the deposit, and then refund the difference to the tenant. Landlords may keep a deposit to compensate for unpaid rent, damages beyond reasonable wear and tear, cleaning, and other costs provided for in the rental contract.
For what repairs am I responsible?
Landlords are generally responsible for maintaining common areas such as hallways or grounds. They should also handle repairs for all large maintenance or structural problems, such as old plumbing systems.

Keep your immune system armed and ready with Shield from Primal ForceAdditionally, if an item needed repair before a tenant moved in, the landlord is responsible for fixing it, unless the tenant accepts the premises with the problems.
Landlord responsibilities are defined in more detail in local ordinances and codes available from your local government (city or county).

Many ordinances specify time periods within which certain repairs must be made. The ordinances may also allow tenants to pay for repairs themselves, and deduct that cost from the rent. This can only be done after written notice is given to the landlord, asking for the repairs, and a specified amount of time passes without the repairs being made.
Should I accept partial rent payments or payments after notice is served?
Normally, you can accept partial rent payments if you wish, and then serve a nonpayment notice for the rest of the rent,

or agree with the tenant as to when the remaining rent will be paid. Be cautious, however, about accepting partial payments after you serve a nonpayment eviction notice. You must, of course, accept payment of the full amount due, but if you accept a partial amount of rent, you should then serve a new eviction notice before proceeding with an eviction. In addition, if you accept a partial amount of rent after the expiration of the eviction notice, this could be construed as entering into a new month to month tenancy with the tenant at the lower amount of rent you have accepted.

Does renting a property change my rights to access that property?
After a landlord rents a property, he or she gives up the right to enter the property at any time. A landlord should give a tenant at least 24 hours written notice in order to enter the property for any non-emergency reason. If possible, a landlord should talk to the tenant, agree on a time, and put that time in writing.
What constitutes abandonment of a rental property?
A landlord can assume abandonment if:

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the tenant is gone, the landlord does not know where the tenant is, the tenant has left behind furniture and other belongings, and the rent is unpaid for 15 days; or
the landlord does not know where the tenant is, rent is unpaid, and the tenant's property is gone.
The landlord must hold any property left by the tenant for 30 days and make reasonable efforts to find the tenant. If the property remains unclaimed after 30 days, the landlord may sell the items and use the money to pay for overdue rent.

Frequently Asked Questions: for Tenants
What are my rights as a tenant?
A safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the property you are renting.
Privacy, peace, and quiet. A landlord can enter the premises at reasonable times for repairs and inspections, but should notify you first. You have the right to tell a landlord what time is reasonable for you.
Written receipts for rent or deposits.

Lose Belly Fat with Primal LeanIf you pay in cash or with a money order and don't get a receipt signed by the landlord, then you may be evicted and have no way of proving that you paid. Always insist on a receipt signed by the landlord when paying with cash or a money order.
Notice of changes in lease terms. You are entitled to fifteen days written notice of any change in your month to month oral rental agreement.

Repairs made within a reasonable amount of time after you request them in writing. Your city or county may have an ordinance specifying the time that your landlord has to make certain repairs.
Remain in residence until proper procedure is taken. You have the right to remain in the property you rent until you are legally evicted by a court order. Landlords do not have the right to lock you out of the property.

What are my responsibilities as a tenant?
Pay your rent on time. As a tenant, you are responsible to pay your full rent on time.
Take care of property.

You must take reasonable care of the property you are renting. When you move, the property must be left in the same condition that your received it, less normal wear and tear.

Notify the landlord when you are going to be away. Let your landlord know when you are going to be out of town or away from home for an extended period of time. It's best to give this notice in writing and keep a copy for your records.Free Shipping on orders of $99 or more at Primal Force

Inform your landlord of needed repairs, in writing, and keep a copy for your records.
Keep noise levels down. Be considerate of other renters and neighbors by keeping the noise level down in your home

Abide by the lease agreement. Read and discuss your lease with the landlord before you sign it, because you must abide by all its provisions after it's signed.

Give notice before moving. Unless otherwise specified in your lease, give 15 days written notice before the end of your rental term.
How do I break my lease?
There is never a completely safe way to break a lease.
If you feel you have a good reason to break your lease, such as the conditions in your apartment being bad, you still take a risk when you move out before your lease has expired.

If your landlord sues you for rent or damages after you leave, a judge will determine whether you had a sufficient reason to break your lease.

To protect yourself if you do break the lease, give the landlord as much notice as possible that you are moving. Your landlord has a duty to try to re-rent the apartment.

After you move, watch the paper for ads, and keep an eye on the property you vacated. After someone else moves in, you are no longer responsible for the rent because your landlord cannot collect rent twice for the same property.

However, under certain conditions the landlord can collect the difference between the old rent and the new rent.
I received an "Owner's Possession Bond." What are my options?

An "Owner's Possession Bond" may served any time after the landlord files the complaint. If you have received this bond, your available options are:

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If you pay all accrued rent and costs within three days after being served with the notice, then you may have the complaint dismissed. This option is available only if the eviction action is based solely upon non-payment of rent or utilities.

You may remain in possession of the property,

if you file with the court a "Counter Bond," within three days of being served with the notice of Owner's Possession Bond.

The tenant's Counter Bond is approved and filed in the same manner that the landlord obtained the Possession Bond. Forms generated by the Online Court Assistance Program may be useful in your filing a Counter Bond.

If you file a written demand for hearing within three days of being served with a Notice of Possession Bond,

you will be granted a hearing. Your hearing will usually be held within three days after you file your request for the hearing. At this hearing, the court will determine if you should remain at the property until further resolution of case issues.

Forms generated by the Online Court Assistance Program may be useful in requesting a hearing.

If you demand and receive a hearing and the judge finds that all issues between the landlord and you can be resolved without further court proceedings, a judgment will be entered at that time.

If judgment is not entered and the judge allows you to remain in possession of the property until further issues are resolved, the judge must require you to post a bond in the same manner required for the tenant's Counter Bond.

If you do not comply with any of the three remedies, the landlord may ask the court for an "Order of Restitution," which will direct the sheriff or constable to forcefully evict you.

This Order of Restitution is issued and served before entry of a judgment.

The time within which either party must appeal a judgment in an eviction case is ten days, with the exception of a nuisance case, for which the time limit is three days.

What if my landlord does not return my deposit?

If your landlord does not return your deposit, he or she may be subject to a $100 civil fine and court expenses. You may also sue your landlord in small claims court for any amount less than $10,000. Click here for more information on filing a small claims case.

For what repairs am I responsible?

Generally, tenants are responsible for repairing the rented premises as well as for items that may have been damaged through careless action. For example,

if a tenant fails to clean out a sink and it clogs, the tenant will be responsible for repairs. utcourts.gov