RIGHT TO FAIR HOUSING IN THE STATE OF UTAH

It's illegal for landlords to discriminate based on race, color, religion, sex, national origin, familial status, or disability. In Utah, the Fair Housing Act protects people from being discriminated against based on their source of income. This means that you can't be denied housing just because you receive government assistance like welfare or housing vouchers. If you experience discrimination, you can utilize the State and Federal Fair Housing Acts to resolve the issue.Additionally, some cities in Utah have ordinances to protect LGBT individuals from discrimination in housing and employment. These cities include: Alta, Grand County, Harrisville, Logan, Midvale, Moab * Murray, Ogden, Park City, Salt Lake City, Salt Lake County, Springdale, Summit County, Taylorsville, West Valley City.Based on your protected class status, the Fair Housing Act says it may be against the law for a landlord to:- Refuse to sell or rent you housing.
- Set different terms, conditions, or privileges when it comes to the sale or rental of a dwelling.
- Tell you housing is not available, when in reality it is.
- Only show you apartments in certain neighborhoods.
- Provide you different housing services or facilities.
- Advertise housing property only available to certain groups of people.
- Refuse to let you make reasonable modifications to your dwelling or common use areas if it is necessary for you to be able to use and enjoy your housing. These modifications are usually at your expense.
- Refuse to make reasonable accommodations in policies, practices, rules, or services if it is necessary for you to use the housing on an equal level as people who do not have a disability.
- Intimidate, harass, coerce, or interfere with someone exercising or assisting you with your fair housing rights.To file a complaint about housing discrimination in Utah, follow these steps:
1. Get a Housing Questionnaire. You can pick one up at the Utah Antidiscrimination and Labor Division (UALD) office or download it from their website and print it out.
2. Fill out the form completely, sign it, and return it to the UALD office. Make sure to keep a copy for yourself. Be prepared for a possible interview with one of the intake officers.
3. Providing copies of certain documents can help investigate your claim, though they're not mandatory:
- Violation Notices
- Rental Agreements
- Documents supporting your request for a reasonable accommodation (if related to disability discrimination)
- Information about witnesses
- Any other relevant information you haveRemember to keep your original documents and only give copies to the UALD.How to contact the UALD:
- Utah Antidiscrimination & Labor Division
- 160 East 300 South, 3rd Floor
- PO Box 146600
- Salt Lake City, UT 84114-6600
- 801-530-6800

RIGHT TO HABITABLE PREMISES IN THE STATE OF UTAH

Landlords must provide habitable living conditions, ensuring the property is safe and meets health standards.In Utah, all renters have the right to live in a place that's safe and in good condition, according to the Utah Fit Premises Act. Don't assume your landlord knows about needed repairs just because they were there when you moved in.Most landlords want to keep their properties in good shape since renting out units is their business. Often, a simple maintenance request will take care of needed repairs. It's important to notify your landlord in writing (because the law requires it) as soon as you notice something broken or not working properly.If your landlord doesn't respond to repair requests, tenants can use the Utah Fit Premises Act to formally ask for repairs. According to Utah law, landlords have to respond to these requests promptly.Under the Utah Fit Premises Act, renters can address seven specific problem areas by submitting a written request to their landlord. The landlord must start fixing these issues within three days of receiving the request:- Unsafe or unsanitary conditions.
- Deficient electrical systems.
- Deficient heating.
- Deficient plumbing conditions.
- Deficiency in hot and cold water.
- Deficient air conditioning systems.
- Unsafe or unsanitary common areas.Under the Utah Fit Premises Act, tenants are protected if their rental agreements specifically mention certain appliances or facilities that were in working condition or accessible when they moved in. If these listed items are not working, tenants can notify their landlord using the Act, and the landlord must start repairs within 10 days.To notify the landlord of a deficient rental condition, tenants must be up-to-date on rent and other fees. They can use the Notice of Deficient Conditions form provided by Utah Legal Services for a formal request. If they need assistance, they can contact Utah Legal Services for guidance. If you need additional help, you can contact Utah Legal Services at (800) 662-4245 or by visiting www.utahlegalservices.org. Their legal professionals can help ensure you that you are following the correct steps and that your problem is actually covered by the Utah Fit Premises Act.Even if the rental unit has issues, tenants must continue paying rent to avoid eviction. For help with habitability issues, tenants can also contact their local Health Department.If routine maintenance requests with the landlord don't resolve the problem, tenants can turn to the Utah Fit Premises Act. Seeking assistance from someone knowledgeable about the process can help tenants understand their rights and navigate the situation effectively.Click here for Notice of Deficient Conditions Form

RIGHT TO REPAIRS FOR RENTAL PROPERTY IN THE STATE OF UTAH

Tenants have the right to request repairs for essential amenities like plumbing, heating, and electrical systems. Landlords are generally responsible for maintaining these.Under the Utah Fit Premises Act, renters can address seven specific problem areas by submitting a written request to their landlord. The landlord must start fixing these issues within three days of receiving the request:- Unsafe or unsanitary conditions.
- Deficient electrical systems.
- Deficient heating.
- Deficient plumbing conditions.
- Deficiency in hot and cold water.
- Deficient air conditioning systems.
- Unsafe or unsanitary common areas.Under the Utah Fit Premises Act, tenants are protected if their rental agreements specifically mention certain appliances or facilities that were in working condition or accessible when they moved in. If these listed items are not working, tenants can notify their landlord using the Act, and the landlord must start repairs within 10 days.

RENTERS' RIGHT TO PRIVACY IN THE STATE OF UTAH

Landlords must provide notice before entering a rented property, except in emergencies or when agreed upon otherwise.The Utah Fit Premises Act guarantees renters in Utah the right to peacefully enjoy their rental unit. This means that landlords and property managers can't enter your apartment without letting you know first, except in certain situations. You have the right to privacy in your home, so it's important to know when and how your landlord can enter your rental unit.There are exceptions to the rule about landlords needing to give notice before entering your rental unit:- In emergencies like fire, plumbing issues, or electrical problems, your landlord can enter without notice to address the situation.
- If you feel your privacy is being violated, you can call 911 to report any unauthorized entry by the landlord, management, or maintenance staff. However, it's a good idea to check your lease first for any specific notice requirements before involving the police.Rent abatement is a legal concept that allows tenants to terminate their tenancy if their landlord fails to address needed repairs within the specified timeframe provided in a notice. Essentially, if the landlord doesn't take action to fix the issue after being notified, the tenant can choose to move out without penalty.According to the law, the landlord is required to refund the rent paid from the day the notice was given until the end of the month, along with returning the security deposit. However, enforcing this law may require legal action, such as suing the landlord.Tenants typically have 10 days after the specified cure period expires to vacate the rental unit if they choose this option. It's important to consider carefully before using rent abatement, as it may result in the loss of certain protections, especially if moving out immediately isn't feasible.

SECURITY DEPOSITS IN THE STATE OF UTAH

Tenants have the right to the return of their security deposit, minus deductions for damages, within a specific time frame after moving out.When renting a place, landlords often ask for a security deposit upfront, separate from the application fee. Unlike application fees, security deposits are refundable. However, after you move out, landlords may deduct from the deposit to cover cleaning or repair costs for any damages beyond normal wear and tear, or to settle any unpaid rent or fees.Within 30 days of moving out, your landlord must either return your deposit or provide an itemized list detailing how it was used. Make sure to give your landlord a forwarding address so they can send you this information and any remaining deposit.

EVICTION DUE PROCESS IN THE STATE OF UTAH

Tenants can't be evicted without proper notice and legitimate reasons, such as non-payment of rent, lease violations, or other valid causes as outlined in the lease agreement or state law.In most cases, a tenancy ends when renters provide written notice as specified in their rental agreement. However, sometimes tenancies end through eviction, which is a legal process to terminate your tenancy in a rental unit. Landlords can initiate eviction for various reasons, such as illegal activities, failure to pay rent, or violating the terms of the rental agreement. Before starting an eviction lawsuit in court, landlords must give tenants written notice of the eviction.In Utah, landlords must provide tenants with a 3-day written notice before starting eviction proceedings in court. These notices typically ask tenants to either pay overdue rent or stop violating terms of the rental agreement. Here are the types of written eviction notices commonly used:- 3 days to pay rent or vacate
- 3 days to comply with lease or vacate
- 3 days for nuisance or criminal nuisance
- 5 days to pay or vacate (if you own your mobile home and live in a mobile home park)
- 5 days for "tenant at will"
- 15 or 30 days for "no cause" eviction in month-to-month non-subsidized rentals.If the tenant hasn't moved out by the end of the notice period, the landlord must file an eviction lawsuit against the tenant. If the tenant has no valid defense to eviction, they are considered to be "unlawfully detaining" the rental unit after the notice period expires.To avoid eviction, it's crucial to:- Pay rent on time and adhere to the terms of your rental agreement.
- Avoid engaging in illegal activities or permitting others to break the law in your rental unit.
- Maintain a positive relationship with your landlord or property manager. If you encounter difficulties with rent payments or complying with the lease, they may be more inclined to cooperate with you if you have a good rapport.If you receive an eviction notice, it's important not to delay. Seek legal assistance as soon as possible. If you're in a low-income household, a senior citizen, or a victim of domestic violence, contact Utah Legal Services for support. For tenants who don't fall into these categories, it's advisable to review the resources and information on eviction provided on the Utah Legal Services website: www.utahlegalservices.orgMany of the Utah State Courts offer free and low-cost legal clinics. To find one in your area, visit: Utah State Courts Legal ClinicsIf you owe rent but can pay it soon, you can ask the landlord to agree to a written repayment plan. Be aware that the landlord does not have to agree to a repayment plan.You can also call 2-1-1, the information and referral service. Some social service agencies have limited funds to provide rental assistance in some cases. If you want to try mediation with your landlord, you can contact Utah Dispute Resolution at 877-697-7175 or the Community Action Program if you live in Salt Lake County at 801-359-2444.How will an eviction lawsuit affect me?Once an eviction action is filed, it becomes a permanent record. Landlords often conduct background checks when tenants apply, and some may refuse to rent to individuals against whom an eviction action has been filed, regardless of the outcome of the case. Additionally, some employers consider eviction records during the hiring process.If a judge determines that a tenant stayed in the property without a valid reason after the notice period, the landlord can be awarded damages, including three months' rent, attorney fees, court costs, unpaid rent, and late fees.Court judgments can have a negative impact on your credit score. If the landlord receives a monetary judgment, they may garnish wages or sell non-exempt property to help satisfy the judgment.AbandonmentIf a tenant abandons their apartment, the owner has the right to retake the property and rent it out at a fair rental value. However, the tenant remains liable for certain expenses:- The tenant is responsible for paying the entire rent due for the remainder of the lease term, along with their portion of the rent for that month and any fees accrued related to renting the apartment.
- Additionally, the tenant is liable for the cost of restoring the property back to its original condition, minus normal wear and tear.
- The tenant may also be responsible for the rent accrued during the period necessary for the landlord to re-rent the premises at a fair rental value.If a tenant abandons their apartment and leaves personal property behind, the owner must:- Post a notice and send it by first-class mail to the tenant's last known address, informing them that the apartment is considered abandoned.
- The owner is entitled to:
- Remove the property from the dwelling, store it for 15 days from the date of the notice, and recover actual moving and storage costs from the tenant.The tenant can:- Retrieve important items like IDs, legal documents, medically necessary items, and clothing from storage within 5 calendar days without paying.The tenant must:- Pay all costs of inventory, moving, and storage to the owner.
- Retrieve their property within 15 calendar days from the date of the notice.An owner shall:- Provide an extension of up to 15 calendar days beyond the initial 15-day limit for the tenant to recover their property if the tenant provides:
- A copy of a police report or protection order for situations of domestic violence.
- Verification of an extended hospitalization from a verified medical provider.
- A death certificate or obituary for the tenant's death, provided by an immediate family member.
- Or if no court hearing on the property is pending.If the tenant has made no reasonable effort to recover their abandoned property, the owner is entitled to take certain actions:- The owner may choose not to store certain abandoned personal property.
- They can sell the property at a public sale and use the proceeds to cover any amount the tenant owes.
- Notice of any public sale must be mailed to the tenant's last known address at least five calendar days before the sale.
- Alternatively, the owner can donate the property to charity if this is a commercially reasonable option.If the tenant is present at the public sale:- The tenant can specify the order in which their personal property is sold.
- The owner is only allowed to sell enough personal property to cover the amount due under the rental agreement, along with any statutorily allowed damages, costs, and fees associated with the abandoned items. Any unsold personal property will be returned to the tenant.If the tenant is not present at the public sale:- All items may be sold.
- Any surplus money over the amount owed to the owner must be paid to the tenant at their current known address. If the address is unknown, any surplus shall be disposed of in accordance with the Unclaimed Property Act.

RENTER'S RIGHT TO NON-RETALIATION IN THE STATE OF UTAH

Landlords cannot retaliate against tenants for exercising their legal rights, such as complaining about living conditions or reporting violations.Retaliation and Filing Deadlines
It's against both state and federal law for housing providers to retaliate against anyone for filing a fair housing complaint. The Utah Antidiscrimination and Labor Division (UALD) thoroughly investigates any claims of retaliation against those who have exercised their fair housing rights or helped others do so.
Here are the deadlines for filing a claim:
- Under Utah law with the UALD: within 180 days of the alleged discrimination.
- Under federal law with the U.S. Department of Housing & Urban Development (HUD): within one year. The UALD can provide you with the HUD form, and all complaints filed with the UALD are also considered filed with HUD.
- If you choose to file through the court system: within two years of the alleged discrimination, you'll need to hire your own private attorney. You can't pursue a private court action while you have a complaint filed with the UALD and/or HUD.
The UALD aims to resolve housing discrimination charges quickly, often using mediation techniques to reach a successful outcome, which saves time and money for everyone involved.Remember to keep your original documents and only give copies to the UALD.How to contact the UALD
- Utah Antidiscrimination & Labor Division
- 160 East 300 South, 3rd Floor
- PO Box 146600
- Salt Lake City, UT 84114-6600
- 801-530-6800
- Toll Free: 800-222-1238
- Email: discrimination@utah.gov
- Business Hours: M-F 8am - 5pm
- www.laborcommission.utah.govIt's crucial to refer directly to the official Utah State Code or consult with a legal professional for specific details or advice pertaining to tenant rights in Utah, as laws may vary or change over time.

LAWS ABOUT LEASES IN THE STATE OF UTAH

In Utah, leases are governed by the Residential Landlord and Tenant Act, which outlines various regulations and requirements for lease agreements. Here are some key points regarding leases in Utah:Lease Terms: Lease agreements can be oral or written. However, for tenancies of more than one year, a written lease is generally recommended. Written leases should include details about rent amount, payment due date, lease duration, and any specific terms or rules.Security Deposits: Landlords may require a security deposit, but it cannot exceed the amount of two months’ rent. The deposit must be returned within 30 days after the tenant moves out, along with an itemized list of any deductions for damages.Rent Increases: Unless specified in the lease agreement, landlords are required to give at least 15 days' notice before increasing the rent for month-to-month tenancies. For longer leases, rent increases are typically addressed within the lease terms.Evictions: Landlords must follow specific legal procedures for evicting tenants, including providing written notice and a specified period to rectify lease violations or pay overdue rent before initiating eviction proceedings.Termination of Lease: Tenants are usually required to give written notice before moving out. The notice period depends on the lease terms or state law, typically 15 to 30 days for month-to-month agreements.Disclosures: Landlords must disclose essential information such as lead-based paint hazards (for properties built before 1978) and the presence of any known health hazards.Unlawful Provisions: Any provisions in a lease that waive or modify a tenant's rights under the law are considered void and unenforceable.Remember, while these are general guidelines, specifics may vary based on the terms outlined in the lease agreement and Utah state law. It's always advisable to review any lease agreement carefully and seek legal advice if needed to understand individual rights and obligations.