Archive for the ‘ Utah tenant check ’ Category

Accurate Credit Bureau Feedback

Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
Marrgo
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Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Utah

Security Deposit:

  • Security Deposit Maximum: No Limit
  • Deadline for Returning Security Deposit: 30 days after termination of the tenancy or within 15 days after receipt of the renter’s new mailing address, whichever is later. 
  • Nonrefundable Deposits: Allowed, but only if disclosed in writing at the time that the deposit is accepted by the landlord.
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: No Statute
  • Advance Notice of Withholding: No
  • Move-In Condition Checklist: Yes
  • Move-Out Checklist/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute
  • Failure to Comply: If the owner or his agent in bad faith fails to provide the renter the notice required the renter may recover the full deposit, a civil penalty of $100, and court costs.

Lease, Rent and Fees:

  • Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: $20
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes.
  • Tenant Allowed to Repair and Deduct Rent: Yes.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Rental Lease with No End Date: 15 days
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 15 days
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Termination for Nonpayment: 3 days
  • Termination for Lease Violation: 3 days
  • Required Notice before Entry: 24 hours, unless specified differently in the lease.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: No Statute
  • Emergency Entry Allowed without Notice: No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Abandonment of Premises: Landlord can assume abandonment by the tenant if either:
    • the rent is more than 15 days overdue, the tenant’s possessions are still in the rental unit but there is no other reasonable evidence that the tenant is still living there, or
    • the rent is one or more days overdue, the tenant’s possessions are gone and there is no other reasonable evidence that the tenant is still living there.
  • Abandonment of Personal Property: The owner may remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs from the tenant.
    • Post and Mail Notice: The owner shall post a copy of the notice in a conspicuous place and send by first class mail to the last known address for the tenant a notice that the property is considered abandoned.
    • 15 Days: The tenant may retrieve the property within 15 calendar days from the date of the notice if the tenant tenders payment of all costs of inventory, moving, and storage to the owner.
    • Allowed to Sell: If tenant fails to claim the property within 15 calendar days, the owner may sell the property at a public sale and apply the proceeds toward any amount the tenant owes; or donate the property to charity if the donation is a commercially reasonable alternative.
    • No Vehicles: The term “personal property” does not include motor vehicles.

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Before a lease begins, the owner must disclose the name and address of the property owner as well as that of anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
  • Copy of Lease and Rules: Before a lease begins, the owner must deliver an executed copy of the rental agreement, if the rental agreement is a written agreement; and a copy of any rules and regulations applicable to the residential rental unit.
  • Itemized List of Prior Damages: Before a lease begins, owner must provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear.
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
    • Termination of Lease: A tenant is allowed to terminate a lease if:
      • the tenant is in compliance and all obligations under the rental agreement,
      • provides the owner a written notice of termination, and a protective order protecting the renter from a domestic violence perpetrator or a copy of a police report documenting that the renter is a victim of domestic violence and did not participate in the violence; and
      • no later than the date that the renter provides a notice of termination under Subsection (4)(b)(i), pays the owner the equivalent of 45 days’ rent for the period beginning on the date that the renter provides the notice of termination.
    • Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense.
  • Trash Removal: For buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.