How to create a Utah residential lease agreement: A step-by-step guide for landlords

Learn what Utah law requires in a residential rental agreement, plus get a free lease template to make the process easier.

Calling all landlords or potential landlords! If you’re in any kind of a position where you’re renting out a property to earn money, this is for you. 

For a lot of people, the lease agreement can be a daunting component of the whole process. On the one hand, if it’s too sparse, you could run into trouble with tenants not understanding what you expect. On the other hand, if it’s too complicated, you may drive some potential renters away.

You need to find that sweet middle ground that covers all of your bases without overwhelming you or your tenants. Fortunately, you don’t have to be a legal genius to do it. Here’s an easy step by step guide for how to make a Utah lease agreement that will save everyone a lot of headaches. 

We’ll take you through the Utah requirements, optional add-ons and answers to commonly asked questions. To make things even easier, download this sample Utah lease agreement from KSL Homes to review as you follow along. 

Please note: This article is for educational purposes only and does not provide a substitute for legal advice. When in doubt, talk to a Utah attorney to make sure all of your bases for your specific situation are covered.

Step 1: Start with the basics

It may seem obvious, but just as you learned in grade school English class, everything begins with who, what, where and how — in this case, how long. You need to clearly identify the following:

• All parties involved. Include yourself, the landlord, by your full legal name. Next, identify every adult occupant as “tenant.” If you use a property manager, you’ll also want to disclose that name or company contact info in writing, including the name, address and phone number. Utah law says landlords must provide their name (or the manager’s) and give tenants a copy of the lease.
• Property. You’ll need to include the full street address, unit number, parking stall number and any other common areas included in the rental.
• Term. This is where you’ll identify whether you’re writing a lease agreement (a fixed, long-term agreement) or a rental agreement (month to month, with more flexibility and the ability to change rent amount and other items as needed). 

Step 2: Clearly list rent and nonrent charges

If you hope to collect money from your tenants, you’re going to have to let them know exactly how much they’ll owe you and when to pay. The clearer you can be, the more likely you’ll get paid on time. Here’s what you’ll need to spell out:

• Rental amount and due dates. State the monthly rent, the due date and acceptable payment methods. Utah does not have rent control laws, so you can set your rate as you see fit. For month to month agreements, give tenants at least 15 days notice before increasing rent. For fixed term leases, give at least 60 days notice for rent increases over 10%; also, don’t raise rent until the lease ends — unless the lease specifically allows it.
• Late fees. By Utah law, you can’t legally charge more than $75 or 10% of the monthly rent, whichever is greater. If you do charge a late fee, you need to clearly state that in the lease agreement. 
• Nonrent expenses. Rent is only part of the money you’ll collect from tenants. You’ll also have to account for utilities, parking, trash, pet fees and anything else not specifically covered by rent. Utah law requires landlords to provide a good faith estimate of rent and each fixed nonrent expense before you can collect any money from your tenants. If a fee is nonrefundable, you must say so.

Step 3: Set tenant eligibility requirements

Before accepting applications, you’re required to clearly outline the criteria you use to evaluate renters. This can include income requirements, credit history, rental history and background checks.

Make sure your criteria comply with Utah law and federal fair housing laws, which prohibit discrimination based on race, color, religion, sex, national origin, familial status, disability and other protected characteristics. Being transparent helps applicants understand your expectations and reduces confusion or disputes later in the rental process.

Step 4: Know how security deposits work in Utah

In Utah, landlords can ask for any deposit amount, but they must return the unused portion within 30 days of moving out, or 15 days after receiving the tenant’s new address (whichever is later).

You can only deduct from the deposit for things such as unpaid rent, damages beyond ordinary wear and tear and other lawful charges. If the deposit includes any nonrefundable charges, such as a cleaning fee, you have to clearly state that in writing in the lease or rental agreement. 

Step 5: Maintenance and habitability 

The Utah Fit Premises Act requires landlords to provide safe and sanitary housing. This includes working plumbing, hot and cold running water, heating and well-kept common areas. Tenants, in turn, must keep the unit reasonably clean and dispose of trash properly. Also, write out how tenants should request repairs and how quickly you’ll respond.

Step 6: List entry and notice rules

Except in the case of emergencies, Utah law requires landlords to provide tenants with 24 hours notice before entering the unit, unless otherwise stated in the rental agreement. Make it clear how you’ll give notice — text, email or a written note.

Step 7: Add the required disclosures

Aside from your contact information and clearly stated rent charges and fees, there are a couple of other things Utah law requires you to disclose on a residential lease agreement:

• Lead-based paint. If the house or unit was built before 1978, federal law requires you to disclose known hazards and give the tenant this form. 
• Methamphetamine contamination. If you know that your property is contaminated by methamphetamine, the Utah Disclosure of Methamphetamine Contaminated Property Act requires you to disclose it. 

Failing to disclose these things could lead to legal trouble later, so don’t skip this step.

Step 8: Cover optional add-ons

The last step covered things you have to disclose on a rental agreement by law. This step covers the optional add-ons that may prove to be helpful down the line. If there’s anything that could reduce friction or problems between you and the tenant later on, this is a good place to list them. That might include:

• Pets. Is your apartment pet friendly? If so, do you require any cleaning fees? List that here. Remember: You can’t charge pet fees for service or emotional support animals.
• Smoking/vaping. If you prohibit smoking in the unit or in certain areas, explicitly state that.
• Parking, quiet hours and guests. Give clear instructions and set your expectations on these matters. How many cars can they park and where? When are quiet hours? How long can guests stay and how many are allowed? Better to figure that out now than to have an awkward conversation later.
• Subletting. Some landlords allow tenants to rent out their unit to others, some don’t. Decide what your policy is and state it plainly so there’s no confusion.
• Alterations and improvements. Let your tenants know if they’re allowed to paint, install fixtures or make any changes to the property.
• Utilities and services. Let your tenant know who is responsible for water, gas, electricity, internet, trash, lawn care, etc.
• Homeowner association rules. If you have specific HOA rules you want your tenants to follow, don’t forget to attach those as well.
• Renewal or move out notice requirements. Utah law requires at least 15 days notice for month to month rentals; fixed term leases usually expire on their end date unless the agreement says otherwise.
• Eviction/termination clause: Even though Utah law governs eviction, it’s smart to include a clause that lists the main reasons a tenant could be evicted — such as not paying rent or breaking major lease terms — and state that the process will follow Utah law. This sets clear expectations from the start.
• Dispute resolution method. State how disputes will be handled (mediation, arbitration or court). You can also add that the winning party may recover attorney’s fees and court costs.
• Abandonment clause. This defines when a unit is considered abandoned, protecting you, the landlord.
• Renter’s insurance requirement. If required, tenants must provide proof. (Utah law doesn’t require it, but some landlords choose to include it.)

Step 9: Condition and move-in checklist

Anytime you rent something, it’s a good idea to document its condition before and after the rental. In Utah, it’s required by law. You have three options for doing this:

• Give a written inventory yourself.
• Provide a form for the tenant to fill out.
• Do a walkthrough with the tenant.

Whichever method you choose, be sure to keep a signed copy in your records in case of future disputes. 

Step 10: Sign and keep a record

Lastly, you’ll need a place for you and your tenant (or tenants, if there’s more than one) to sign. Electronic signatures are valid in Utah, which can make this step easier.

Record keeping is vital, so be sure to keep the original for yourself and back it up in a secure place should you ever need to refer to it. You’ll also want to provide your tenant with a copy of the signed lease agreement.

Required vs. recommended sections

Just to make sure all of the important bases are covered with your Utah lease agreement, here’s a quick recap of what’s required vs. what’s optional to include.

Required 

• Contact information for the owner, landlord or property management company.
• Property information: description, address and unit number.
• Rental terms (whether fixed or month to month) plus move-in and move out dates.
• Rent amount, due date, acceptable payment methods and nonrent fees.
• Late rent policy.
• Tenant eligibility requirements.
• Security deposit amount.
• Required disclosures on methamphetamine contamination and lead-based paint for homes built before 1978.

Recommended

• Pet policy.
• Subletting policy.
• HOA rules.
• Alterations and improvements.
• Utilities and services.
• Quiet hours, parking and guest policy.
• Smoking/vaping policy.
• Eviction/termination clause.
• Renewal or move out notice requirements.
• Dispute resolution method.
• Abandonment clause.
• Renter’s insurance (if required).

Circumstances may vary

While these steps cover the basics of a Utah lease agreement, there are certain situations that may require a little more information. Use the KSL Homes template as a general guide, but reviewing your agreement with an attorney or legal representative is a smart way to cover all of your bases.

Frequently asked questions about lease agreements

What is a Utah residential lease agreement?

A Utah residential lease agreement is a legally binding contract between two parties — a landlord and a tenant — that clearly states the terms and conditions of renting a property in Utah.

What is the difference between a lease agreement and a rental agreement?

A lease agreement is typically long term (often for six to 12 months) and the terms are fixed, meaning the landlord can’t just suddenly raise rent each month. A rental lease agreement, on the other hand, is much more flexible. It’s usually month to month and easier for the landlord to change terms. A lease agreement is stable and predictable; a rental agreement is more fluid.

Who is the lessor in a lease agreement?

The lessor is the owner of the property who agrees to let a renter (lessee) occupy it in exchange for rental payment.

Does a lease agreement have to be notarized?

No, in Utah a lease agreement does not need to be notarized.

Can a lease agreement be verbal?

Yes, for lease agreements that are less than a year, an oral agreement is legally binding. However, a written agreement is always a safer bet.

Download a free Utah lease agreement template from KSL Homes 

If you’re looking at these steps and still feeling a little overwhelmed, know that you don’t have to start from scratch when you’re drafting your lease agreement. KSL Homes has a Utah lease agreement template that you can download for free and edit to your specifications.

Download KSL’s lease agreement template →