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What is a Utah Lease Agreement?

A Utah lease agreement is a legally binding contract between the landlord or property management company and the tenants. When signed and dated by the involved parties, it allows the tenant to take legal possession of the property. A Utah lease agreement can be used for residential or commercial property.

Most Commonly Used Utah Lease Agreement

The most commonly used Utah lease agreements are the standard annual residential lease agreement, the lease to own agreement, the month-to-month lease agreement, the sublease agreement, a roommate agreement, and a commercial lease agreement.

While all of the most commonly used Utah rental lease agreements share many of the same elements, they also have some distinct differences.

  • A roommate agreement may outline which areas in the rental unit or apartment are for the exclusive use of the roommate and which areas may be used by all of the residents.
  • A standard residential lease agreement may be for a year, and upon termination of that year, switch to a month-to-month or automatically renew for another year. However, it may be similar to a month-to-month lease in some ways. For instance, both may require a 30 day written notice to move out at the end of the end of the agreement if the tenant and landlord do not plan to renew their agreement.

How to Write a Utah Lease Agreement

Utah lease agreement must adhere to Utah landlord-tenant laws or they are unenforceable. There are a lot of different laws that you must consider. You’ll learn more about many of them under the sections related to disclosures and security deposits.

Before you sign a Utah lease agreement, make sure that you read the terms carefully. You also have the right to have an attorney review a utah lease agreement before you sign it.

An Utah lease agreement needs:

  • Names of the Parties - The landlord’s full name or the property management company’s legal business name and the legal name of the tenant(s).
  • Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
  • Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
  • Rental Amount - This section includes the date that the lease will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
  • Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
  • Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property or unit. A security deposit is used to repair damages caused by the tenant.
  • Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This should include the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
  • Occupants - This section includes the full name of each tenant even if they are a minor or are not signing the lease. This part of Utah residential lease agreement establishes who will reside in the residential unit. For commercial space leases, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
  •  Utilities - This section explains which utilities or services a tenant does not pay.
  •  Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and if there is a designated spot, the spot should be listed in this section.
  • Furnishings - This section tells tenants what they are allowed to install (such as a dishwasher or washing machine) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
  • Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if the parties need to send out a notice to the other party.
  • Eviction - This informs tenants how eviction would be carried out in the event of nonpayment or breach of other lease terms.
  • Additional Terms - This section lists ant other terms that the parties agreed to that have not been included in any other section of the lease agreement.
  • Signature and Date - The document must be signed and dated by all parties.

Which Disclosures Belong in a Utah Lease Agreement?

Utah law requires landlords must provide a move-in checklist to the tenant to survey the current condition of the property. If the residential property was constructed before 1978, federal law states that the landlord must provide a lead paint disclosure.

What You Need to Know About Utah Lease Agreement Deposits

In the State of Utah, landlords can charge whatever they’d like as a security deposit. However, state law requires a landlord to return the security deposit, minus damages to the premises beyond reasonable wear and tear, other costs and fees provided for in the contract, or cleaning of the unit, no later than 30 days after the lease ends. (Utah Code Ann. 57-17-3).

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