Utah Landlord Required Disclosures

Since Utah's admission to the Union on January 4, 1896, disclosure requirements have evolved to prioritize transparency regarding property safety and management contact information. Unlike states with exhaustive lists of mandated disclosures (such as mold, flood zones, and bed bugs), Utah requires only a few core disclosures before a tenant signs a lease agreement. Ensuring these disclosures are provided properly will shield landlords from severe financial and regulatory penalties.

1. Federal Lead-Based Paint Disclosure

As with all states, federal law mandates that landlords of residential properties built before 1978 must disclose information about lead-based paint to prospective tenants.

To comply, landlords must:

• Disclose any known presence of lead-based paint or lead-based paint hazards in the unit.
• Provide the tenant with any available records or reports pertaining to lead hazards.
• Provide tenants with the EPA-approved pamphlet: "Protect Your Family From Lead in Your Home."
• Include a specialized lead warning statement as an attachment to the lease, which must be signed by both the landlord and the tenant.

Penalties for violating the federal Lead-Based Paint Disclosure Rule are strict and are imposed under federal law.

2. Methamphetamine Contamination Disclosure

Utah requires a specific disclosure regarding toxic chemicals, specifically methamphetamines. Under the Utah Disclosure of Methamphetamine Contaminated Property Act (Utah Code § 57-27-201):

A landlord or property manager must disclose to prospective tenants if they have actual knowledge that a rental property is currently contaminated from the use, storage, or manufacture of methamphetamines.

• This disclosure should be made in a real property lease, conveyance, or other transaction related to the contaminated property.
• If the property has been fully decontaminated and tested to meet state health standards, the owner or lessor may report the contaminated property to a government agency responsible for monitoring the decontamination process and documenting that the test results meet decontamination standards.
• Leasing a property known to be contaminated without proper disclosure can lead to severe civil liability in Utah District Courts and potential harm to the tenants.

3. Management and Other Disclosures

Under the Utah Fit Premises Act (Utah Code § 57-22-4), landlords must provide the following information:

At or before the commencement of the rental term:

• Owner/Agent Identity: The name, address, and telephone number of the owner or the person authorized to manage the premises and receive service of process.
• Rules and Regulations: A copy of any rules and regulations applicable to the residential rental unit.

Before accepting an application fee or any other payment from a prospective renter:

• Utility Responsibilities: The type of each use-based, non-rent expense that is part of the rental agreement.

4. Fee Transparency and Lease Terms

While Utah law allows for various fees, they must be disclosed with absolute clarity:

1. Fixed and Use-Based Non-Rent Expenses: Per Utah Code § 57-22-4(3)(a), before an owner accepts an application fee or any other payment from a prospective renter, the owner shall disclose in writing a good faith estimate of the rent amount and the amount of each fixed, non-rent expense that is part of the rental agreement, and the type of each use-based, non-rent expense that is part of the rental agreement.
2. Late Fees: To be enforceable, late fees must be clearly stated in the written lease. Under Utah Code § 57-22-4(5), residential late fees are capped at the greater of 10% of the rent or $75.
3. Application Disclosures: Before accepting an application fee, landlords must disclose eligibility criteria (income, criminal history, etc.) and the process for recovering fees if the application is denied.

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