Utah Landlord Required Disclosures

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, with fines potentially exceeding $21,000 per violation.

2. Methamphetamine Contamination Disclosure

Utah requires a specific disclosure regarding toxic chemical, 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 writing as an addendum to the lease agreement.
• If the property has been fully decontaminated and tested to meet state health standards, the property is legally considered safe. Best practices still dictate retaining records of the decontamination process.
• Leasing a property known to be contaminated without proper disclosure can lead to severe civil liability and potential harm to the tenants.

Additional Lease Clauses to Consider

While not legally defined as mandatory "disclosures," Utah landlords are strongly encouraged to clearly define the following within the written lease:

1. Non-Refundable Fees: As discussed in our analysis of Utah Security DepositsPreview unavailable, any non-refundable deposits or fees (e.g., pet deposits, cleaning fees) MUST be clearly delineated in writing, otherwise they are treated as refundable.
2. Late Fees: To enforce a late fee, the amount and conditions of the late fee must be clearly stated in the lease. State law caps residential late fees at the greater of 10% of the rent or $75.

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