Utah Landlord and Tenant Duties

57-22-3. Duties of owners and renters--Generally

(1) Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water.

(2) Each renter shall cooperate in maintaining his residential rental unit in accordance with this chapter.

(3) This chapter does not apply to breakage, malfunctions, or other conditions which do not materially affect the physical health or safety of the ordinary renter.

(4) Any duty in this act may be allocated to a different party by explicit written agreement signed by the parties. that enacted this chapter.

§ 57-22-4. Owner's duties--Maintenance of common areas, building, and utilities--Duty to correct—No duty to correct condition caused by renter--Owner may refuse to correct

(1) To protect the physical health and safety of the ordinary renter, each owner shall:

(a) not rent the premises unless they are safe, sanitary, and fit for human occupancy;

(b) maintain common areas of the residential rental unit in a sanitary and safe condition;

(c) maintain electrical systems, plumbing, heating, and hot and cold water;

(d) maintain other appliances and facilities as specifically contracted in the lease agreement; and

(e) 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 renters and owners otherwise agree.

(2) In the event the renter believes the residential rental unit does not comply with the standards for health and safety required under this chapter, the renter shall give written notice of the noncompliance to the owner. Within a reasonable time after receipt of this notice, the owner shall commence action to correct the condition of the unit. The notice required by this subsection shall be served pursuant to Section 78B-6-805.

(3) The owner need not correct or remedy any condition caused by the renter, the renter's family, or the renter's guests or invitees by inappropriate use or misuse of the property during the rental term or any extension of it.

(4) The owner may refuse to correct the condition of the residential rental unit and terminate the rental agreement if the unit is unfit for occupancy. If the owner refuses to correct the condition and intends to terminate the rental agreement, he shall notify the renter in writing within a reasonable time after receipt of the notice of noncompliance. If the rental agreement is terminated, the rent paid shall be prorated to the date the agreement is terminated, and any balance shall be refunded to the renter along with any deposit due.

(5) The owner is not liable under this chapter for claims for mental suffering or anguish.

§ 57-22-5. Renter's duties--Cleanliness and sanitation--Compliance with written agreement—Destruction of property, interference with peaceful enjoyment prohibited

(1) Each renter shall:

(a) comply with the rules of the board of health having jurisdiction in the area in which the residential rental unit is located which materially affect physical health and safety;

(b) maintain the premises occupied in a clean and safe condition and shall not unreasonably burden any common area;

(c) dispose of all garbage and other waste in a clean and safe manner;

(d) maintain all plumbing fixtures in as sanitary a condition as the fixtures permit;

(e) use all electrical, plumbing, sanitary, heating, and other facilities and appliances in a reasonable manner;

(f) occupy the residential rental unit in the manner for which it was designed, but the renter may not increase the number of occupants above that specified in the rental agreement without written permission of the owner;

(g) be current on all payments required by the rental agreement; and

(h) comply with all appropriate requirements of the rental agreement between the owner and the renter, which may include either a prohibition on, or the allowance of, smoking tobacco products within the residential rental unit, or on the premises, or both.

(2) No renter may:

(a) intentionally or negligently destroy, deface, damage, impair, or remove any part of the residential rental unit or knowingly permit any person to do so;

(b) interfere with the peaceful enjoyment of the residential rental unit of another renter; or

(c) unreasonably deny access to, refuse entry to, or withhold consent to enter the residential rental unit to the owner, agent, or manager for the purpose of making repairs to the unit.

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