How much can I charge for rent?
In Utah there are no regulations placed on the amount of rent a landlord may charge.
May I charge an application fee, late rent charge or a returned payment fee?
Application Fee: There are no statutory limits placed on the charging of an application fee in the state of Utah but it is wise to keep the fee reasonable.
Late Charge: Although late charges may be useful in ensuring timely payments from your tenants, there are no statutory limitations and it is better to set a reasonable charge that is reflective of the actual damages suffered.
Returned Payment Fee: If a person issues a check that is dishonored they may be liable to the holder of the check for the face amount plus a service charge in an amount not to exceed $20.00. If the holder gives the check maker written or verbal notice of dishonor and the check is honored after being re-deposited, the holder may not be entitled to the service charge.
Is there a limit on the amount I may collect for a security deposit?
There are no statutory limits placed on the collection of a security deposit. If there is a written agreement and if any part of the deposit is to be made
non-refundable, it must be so stated in writing to the tenant at the time the deposit is taken by the landlord or designated agent.
Do I need a separate bank account for the security deposit?
There are no specific regulations in Utah regarding the placement of security deposits. However, it’s good practice to keep a tenant’s security deposit separate from the landlord’s personal finances. .
After my tenant has moved, how long do I have to send the security deposit back?
Upon termination of the tenancy, property or money held as a deposit may be applied, at the landlord’s or designated agent's option, to the payment of accrued rent, damages to the premises beyond reasonable wear and tear, other costs provided for in the lease and cleaning of the unit. The balance of any deposit and prepaid rent, if any, along with a written itemization of any deductions from the deposit, and reasons therefore, shall be delivered or mailed to the tenant within 15 days after termination of the tenancy after receipt of the tenant’s new mailing address. If there is damage to the rented premises, this period shall be extended to 30 days.
What are the rules for ending a Utah lease agreement?
To end a month to month lease, a notice of at least 15 days prior to the beginning of the next rental period is needed unless specified otherwise in the lease agreement. Generally a fixed term lease (a lease with a beginning and ending date) ends without notice on the last day and tenant will vacate.
**A Federal law effective from May 20, 2009 until December 31, 2012, requires in most cases that the new owner/landlord of a foreclosed property give an existing tenant at least 90 days written notice before the tenant must move out. The tenant must still pay rent to the new owner during that time. The tenant may also enforce a lease made with the previous landlord.
My tenant was supposed to be out of the apartment and he is still there. What do I do?
If a tenant remains in possession without the landlord's consent after expiration of the rental agreement or its termination, the landlord may bring an action for possession.
How much notice do I have to give a tenant in order to evict them?
The first step towards eviction is giving proper notice to your tenant regarding the violation. When a tenant has not paid rent, the landlord must give at least a 3 day notice for non-payment; if the problem consists of a lease violation such as the tenant being a nuisance, a 3 day notice to comply or vacate would be needed. If you have a tenant who is consistently a problem such as: selling illegal drugs, violating building or health codes, damaging the property, or illegally subletting than a 3 Day notice to vacate is needed. This type of notice does not give the tenant a chance to fix the issue.
There are several ways to deliver eviction notices:
1. You may hand deliver it personally to your tenant or have someone deliver it for you (it does not have to be a Sheriff, police officer, or constable).
2. The landlord may send the notice by registered or certified mail to the tenants home.
3. You may leave the notice with someone of suitable age at the tenant’s home in addition to mailing a copy.
4. Landlord may post the notice on the rental property (such as tacking it or by taping it to the door) if you cannot locate the tenant or no one is at home.
My tenant has not paid his rent and I served him notice. What do I do next?
Go to the District, Circuit or County court where the property is located where you will file a complaint and a summons with the court. The tenant will receive the complaint and must reply within the time allotted; generally this is within three business days. If the tenant does not file an answer on time, the judge will then issue a default judgment in favor of the landlord which will order a sheriff to remove your tenant. If the tenant does not move out, the landlord can get the judge to order immediate restitution of the premises meaning that as soon as the tenant is served with the order, the sheriff can forcibly evict the tenant even if the tenant’s possessions are still in the rental unit. NEVER LOCK A TENANT OUT YOURSELF!
My tenant wants to pay his rent but I have already filed in court. Can I accept a partial payment and still proceed with eviction?
If the landlord accepts a small percentage of the total amount due, the landlord may be able to go forward with the eviction but ultimately this is up to the judge and it may be considered a waiver of the landlord’s right to proceed with the eviction. You may want to consult with an attorney before accepting a partial payment.
How long does it usually take for eviction?In the state of Utah, eviction can be a fairly quick legal process, although the timing can vary. But in many cases the entire process from serving notice to court proceedings can take as little as one week.
What do I do with the tenant’s personal items that are left behind?
If a tenant does not notify the landlord that they will be away and the rent is not paid within 15 days of the due date OR if the tenant does not notify the landlord that they will be away and that tenant has moved or begun to move personal property from the premises (landlord does not have to wait the 15 days when the tenant is obviously moving) then it can be assumed that the tenant is abandoning the premises. If this be the case, the landlord may enter the unit without a court order remove the tenants personal property, repair and prepare the unit, and re-rent it to someone else. The tenant is responsible for any rent that is due before the leased premises is re-rented as well as any damages beyond normal wear and tear. The landlord may remove the tenant’s personal belongings and store them at the tenant’s expense. The landlord MUST make every reasonable attempt to contact the tenant to notify the tenant where his/her belongings are. After 30 days has gone by after these attempts, the landlord may sell the property and apply the money to what is owed, donate the property or dispose of the property in any way deemed necessary.
What must I do to inspect my property? Do I have to notify the tenant?
The landlord shall have the right to enter the leased premises at reasonable times and hours, after reasonable notice has been given to the tenant, unless in cases of emergency. The tenant may require 24 hours’ advance notice before doing so.
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Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Disclosure: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.