Pass-Through Costs and Rent Increases in Utah

Renters in Utah may face questions about when and how a landlord can legally increase rent, especially for expenses called "pass-through costs." If you’re renting in Utah, understanding these rules can help you anticipate potential increases and respond confidently if your rent goes up. This article explains what pass-through costs are, when landlords can raise rent to cover them, and your legal protections as a tenant under current Utah law.

Understanding Pass-Through Costs and Rent Increases in Utah

In some states, landlords are limited in how often and by how much they can raise rent, often due to rent control or rent stabilization laws. However, Utah does not have statewide rent control or rent stabilization. Landlords in Utah generally have broad discretion to set and raise rents, provided they follow notice and lease terms as set out in the Utah Fit Premises Act¹.

What Are Pass-Through Costs?

Pass-through costs are additional expenses that a landlord pays—such as property taxes, maintenance fees, or utility charges—which they may "pass through" to tenants by including them in rent or raising the rent. In Utah, whether a landlord can add these costs depends on:

• The terms of your active lease or rental agreement
• State and local laws around rent increases and required notice

There are no Utah state laws that specifically define or restrict pass-through costs. If your lease allows for them, or if you’re on a month-to-month agreement, your landlord may raise the rent to cover such expenses by giving proper notice.

How and When Can Utah Landlords Raise Rent?

For most rental properties in Utah:

• No rent control statewide: Landlords can set and increase rent, except as limited by any lease you have signed.
• Required written notice: For month-to-month agreements, your landlord must provide at least 15 days’ written notice before a rent increase goes into effect.²
• During a fixed-term lease: Rent cannot be changed during your lease term unless your lease specifically allows for adjustments or pass-through costs.

Common Pass-Through Charges in Utah Leases

• Property tax increases
• Shared utility costs (water, trash, gas, sometimes electricity)
• Homeowners association (HOA) fees
• Special assessments (for repairs or upgrades)

Always review your lease to see whether these are included and if they are subject to change. If you have questions, request clarification in writing from your landlord.

Your Rights and Protections Under Utah Law

Utah law generally favors the "freedom to contract," allowing both renters and landlords to agree to their own rental terms. However, all rent increases must still follow:

• The minimum state notice period (Utah Code 78B-6-802²)
• Written lease terms; if your lease is silent about pass-throughs, you may be protected against mid-lease increases
• Anti-retaliation and anti-discrimination laws

If you believe your rent increase violates your lease or legal notice requirements, you can:

• Communicate with your landlord in writing, requesting a correction or explanation
• Contact the Utah courts or the Utah Division of Consumer Protection for assistance

Notice of Rent Increase: Required Form

• Name: Notice of Rent Increase (no official form number)
• When and How Used: Landlords give this written notice at least 15 days before a rent increase takes effect if you’re on month-to-month tenancy. There is no standardized state form, but notice must be in writing. Example: You rent on a month-to-month lease and receive a written letter from your landlord stating your rent will increase in 16 days. This is considered a valid notice under Utah law.
• More details: Utah Courts - Landlord & Tenant Law

What If You Disagree With the Rent Increase?

If you believe a rent hike or pass-through charge was issued incorrectly:

• Review your lease carefully.
• Contact your landlord in writing to dispute the increase.
• If your landlord threatens eviction for non-payment, familiarize yourself with eviction procedures via Utah Courts - Eviction Process.

The main tribunal for residential tenancies in Utah is the Utah State Courts. There is no separate housing tribunal or board; most disputes are resolved in district court.

FAQs: Pass-Through Costs & Rent Hikes in Utah

1. Can my landlord raise my rent at any time for extra costs?
   Not during a fixed-term lease unless your lease specifically allows it. For month-to-month renters, at least 15 days’ written notice is required.
2. What counts as a proper rent increase notice in Utah?
   A written statement from your landlord that clearly states the new rent and the date the increase will take effect. There is no statewide form, but it must be in writing and delivered with proper notice.
3. If I disagree with a pass-through charge, what are my options?
   First, check your lease terms. If you believe it’s not allowed, put your concerns in writing to your landlord. You may also seek help from Utah State Courts if the issue is not resolved.
4. Are utilities considered pass-through costs?
   Sometimes. If your lease lets the landlord charge you separately for some or all utilities and they notify you according to the agreement and notice period, utilities may be passed through.
5. Does Utah have rent control on apartments or mobile homes?
   No, Utah does not have statewide rent control for any type of residential property.

Conclusion: Key Takeaways for Utah Renters

• Landlords in Utah can generally raise rent to cover pass-through costs with proper notice and in line with lease terms.
• For month-to-month renters, landlords must give at least 15 days’ written notice before any rent increase takes effect.
• Always read your lease agreement—your rights depend on its language. If a disagreement arises, communicate in writing and know your rights under the law.

With these basics in mind, you can respond with confidence to questions about rent increases for pass-through costs in Utah.

Need Help? Resources for Renters

• Utah State Courts: Landlord & Tenant Resources
• Utah Division of Consumer Protection - Tenant Rights
• Utah Fit Premises Act - Full Text
• For legal advice, contact Utah Legal Services: Utah Legal Services

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1. Utah Fit Premises Act, Title 57 Chapter 22
2. Utah Code 78B-6-802 - Notice to Terminate Tenancy

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