Utah Residential Lease: Required Disclosures for Renters

As a renter in Utah, it's important to know what information your landlord is required by law to disclose to you in a lease agreement. By understanding required disclosures under Utah law, you can better protect your rights, avoid disputes, and ensure a safe rental experience.

What Are Required Disclosures in Utah Residential Leases?

Required disclosures are pieces of information or specific documents that landlords must give tenants—either before or during the signing of a lease. These disclosures aim to protect renters and ensure transparency about the rental property’s condition, management, and your rights as a tenant.

Key Disclosures Utah Landlords Must Provide

In Utah, several state and federal laws require landlords to disclose certain information. Below are the core disclosures you should expect as a renter:

1. Lead-Based Paint Disclosure (for Older Properties)

• Applies to: Homes built before 1978.
• What's required: Landlords must provide tenants with an EPA-approved lead-based paint disclosure form, a federally mandated pamphlet, and any known information about lead hazards.
• Official Form: Lead-Based Paint Disclosure Form for Rental Property (EPA Form)
• Practical Example: If you’re signing a lease for an apartment built in 1975, your landlord must give you the signed EPA disclosure form and the safety booklet before you move in.

2. Property Owner/Agent Identity Disclosure

• Requirement: Landlords must disclose the name, address, and phone number of the property owner or the person authorized to manage the property and receive notices or demands.
• Reference: See Utah Code § 57-22-4 for details.
• Purpose: Ensures you know who to contact for repairs, notices, or legal matters.

3. Disclosure of Nonrefundable Fees

• Requirement: If your lease includes any nonrefundable fees (such as cleaning or pet fees), the lease must clearly state which fees are nonrefundable and their amounts.
• Reference: Utah Code § 57-17-2
• Practical Example: If a portion of your security deposit is nonrefundable, the lease must specify this to avoid confusion or disputes at move-out.

4. Methamphetamine Contamination Disclosure

• Requirement: If the landlord knows the property is contaminated by methamphetamine, they must disclose this fact to you in writing before you sign the lease.
• Reference: Utah Code § 57-27-201
• Purpose: Protects your health and allows you to make informed decisions about renting the property.

5. Copy of the Signed Lease

• Requirement: Upon request, the landlord must provide you with a signed copy of your lease agreement.
• Reference: Utah Code § 57-22-2

6. Habitability Disclosures and Implied Warranty

• No formal state-issued form, but landlords must maintain properties in a habitable condition as outlined in Utah’s Fit Premises Act. This is called the “implied warranty of habitability.”
• Practical Example: Your unit must have working heat, plumbing, and must be safe to live in; if there’s a serious issue, your landlord must address it.

Where to Get the Official Forms

• EPA Lead-Based Paint Disclosure: Download from the EPA
• Utah Law and Complaint Forms: Utah Courts - Landlord Tenant Resources

Who Oversees Tenant-Landlord Issues in Utah?

For help with required disclosures and other renter issues, you can contact the Utah State Courts - Landlord Tenant Section, which provides information, forms, and guidance for both tenants and landlords.

Relevant Legislation for Utah Renters

• Utah Fit Premises Act (Utah Code § 57-22)
• Utah Security Deposit Law (Utah Code § 57-17)
• Methamphetamine Contaminated Property Act (Utah Code § 57-27)

FAQ: Utah Lease Disclosures

1. What happens if my landlord doesn't provide a required disclosure?
   If your landlord fails to make a required disclosure, you may have grounds to file a complaint or, in some situations, terminate your lease or claim damages. Contact the Utah State Courts landlord-tenant section or seek legal advice.
2. Are landlords required to tell tenants about all previous repairs or damages?
   No, Utah law does not require disclosure of all previous repairs, but landlords cannot conceal known material hazards (like lead paint or meth contamination).
3. Should I receive a written list of property defects before moving in?
   It’s recommended to complete a move-in checklist with your landlord, but Utah law does not mandate a formal written defects list at move-in. Ask for one for your own protection.
4. Is a signed copy of the lease mandatory for the renter?
   Yes, if you request it, your landlord must give you a signed copy of your lease agreement (Utah Code § 57-22-2).

Conclusion: What Utah Renters Should Remember

• Utah landlords must disclose key details like lead hazards, management contacts, and certain health risks.
• Always get disclosures in writing and keep copies for future reference.
• If you have questions, Utah's Fit Premises Act and state courts offer guidance to protect your rights.

Need Help? Resources for Renters

• Utah State Courts - Landlord Tenant Section: Resources and official forms for lease problems, disclosure issues, or filing complaints.
• Utah Fit Premises Act (Official Legislation): Read about your legal rights and responsibilities.
• Utah Department of Commerce – Landlord/Tenant Resources: Additional advice and housing links.

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1. Utah Fit Premises Act: Utah Code § 57-22
2. Utah Security Deposit Law: Utah Code § 57-17
3. Utah Methamphetamine Contaminated Property Act: Utah Code § 57-27
4. EPA Lead Paint Disclosure Forms: U.S. EPA – Lead Disclosure
5. Utah State Courts Landlord-Tenant Information: Utah Courts

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