01-13 15:40 H.B. 182
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Rental Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gay Lynn Bennion
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LONG TITLE
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General Description:
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This bill enacts provisions related to rent increases.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes a period of time by which a landlord must provide a notice of rent increase to
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a tenant; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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57-22-2, as last amended by Laws of Utah 2017, Chapter 19
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57-22-4, as last amended by Laws of Utah 2021, Chapter 98
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 57-22-2 is amended to read:
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57-22-2 . Definitions.
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As used in this chapter:
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(1) "Low-income housing tax credit" means the same as that term is defined in Section
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59-2-102.
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[(1)] (2)(a) "Owner" means the owner, lessor, or sublessor of a residential rental unit.
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(b) [A] "Owner" includes a managing agent, leasing agent, or resident manager [is
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considered an owner ]for purposes of notice and other communication required or
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allowed under this chapter unless the agent or manager specifies otherwise in writing
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in the rental agreement. H.B. 182 01-13 15:40
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[(2)] (3) "Rental agreement" means any agreement, written or oral, which establishes or
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modifies the terms, conditions, rules, or any other provisions regarding the use and
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occupancy of a residential rental unit.
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[(3)] (4) "Rental application" means an application required by an owner as a prerequisite to
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the owner entering into a rental agreement for a residential rental unit.
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[(4)] (5) "Renter" means any person entitled under a rental agreement to occupy a residential
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rental unit to the exclusion of others.
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[(5)] (6)(a) "Residential rental unit" means a renter's principal place of residence and
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includes the appurtenances, grounds, and facilities held out for the use of the
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residential renter generally, and any other area or facility provided to the renter in the
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rental agreement.
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(b) [ It] "Residential rental unit" does not include facilities contained in a boarding or
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rooming house or similar facility, mobile home lot, or recreational property rented on
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an occasional basis.
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Section 2. Section 57-22-4 is amended to read:
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57-22-4 . Owner's duties.
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(1) To protect the physical health and safety of the ordinary renter, an owner:
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(a) may not rent the premises unless [they] the premises are safe, sanitary, and fit for
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human occupancy; and
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(b) shall:
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(i) maintain common areas of the residential rental unit in a sanitary and safe
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condition;
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(ii) maintain electrical systems, plumbing, heating, and hot and cold water;
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(iii) maintain any air conditioning system in an operable condition;
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(iv) maintain other appliances and facilities as specifically contracted in the rental
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agreement; and
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(v) for buildings containing more than two residential rental units, provide and
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maintain appropriate receptacles for garbage and other waste and arrange for [its]
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garbage and waste removal, except to the extent that the renter and owner
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otherwise agree.
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(2) Except as otherwise provided in the rental agreement, an owner shall provide the renter
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at least 24 hours [prior notice of the owner's entry] notice before the owner enters into
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the renter's residential rental unit.
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(3)(a) Before an owner accepts an application fee or any other payment from a
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prospective renter, the owner shall disclose in writing to the prospective renter:
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(i) a good faith estimate of:
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(A) the rent amount; and
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(B) the amount of each fixed, non-rent expense that is part of the rental agreement;
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(ii) the type of each use-based, non-rent expense that is part of the rental agreement;
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(iii) the day on which the residential rental unit is scheduled to be available;
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(iv) the criteria that the owner will consider in determining the prospective renter's
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eligibility as a renter in the residential rental unit, including criteria related to the
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prospective renter's criminal history, credit, income, employment, or rental
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history; and
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(v) the requirements and process for the prospective renter to recover money the
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prospective renter pays in relation to the residential rental unit, as described in
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Subsection (4).
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(b) An owner may satisfy the written disclosure requirement described in Subsection
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(3)(a)(i) through a rental application, deposit agreement, or written summary.
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(4)(a) A prospective renter may make a written demand to the owner of a residential
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rental unit requesting the return of money the prospective renter paid in relation to
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the rental of the residential rental unit, if:
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(i)(A) an amount the owner provides in the good-faith estimate described in
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Subsection (3) is different than the amount in the rental agreement; or
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(B) the rental agreement includes a type of use-based, non-rent expense that was
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not disclosed under Subsection (3); and
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(ii) the prospective renter:
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(A) makes the written demand within five business days after the day on which
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the prospective renter receives the rental agreement; and
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(B) at the time the prospective renter makes the written demand, has not signed
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the rental agreement or taken possession of the residential rental unit.
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(b) If a prospective renter makes a written demand in accordance with Subsection (4)(a),
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the owner shall return all money the prospective renter paid the owner within five
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business days after the day on which the owner receives the written demand.
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(5) An owner may not charge a renter:
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(a) a late fee that exceeds the greater of:
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(i) 10% of the rent agreed to in the rental agreement; or
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(ii) $75; or
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(b) a fee, fine, assessment, interest, or other cost:
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(i) in an amount greater than the amount agreed to in the rental agreement; or
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(ii) that is not included in the rental agreement, unless:
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(A) the rental agreement is on a month-to-month basis; and
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(B) the owner provides the renter a 15-day notice of the charge.
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(6) Before an owner and a prospective renter enter into a rental agreement, the owner shall:
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(a) provide the prospective renter a written inventory of the condition of the residential
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rental unit, excluding ordinary wear and tear;
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(b) furnish the renter a form to document the condition of the residential rental unit and
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then allow the resident a reasonable time after the renter's occupancy of the
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residential rental unit to complete and return the form; or
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(c) provide the prospective renter an opportunity to conduct a walkthrough inspection of
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the residential rental unit.
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(7) At or before the commencement of the rental term under a rental agreement, an owner
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shall:
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(a) disclose in writing to the renter:
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(i) the owner's name, address, and telephone number; or
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(ii)(A) the name, address, and telephone number of any person authorized to
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manage the residential rental unit; or
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(B) the name, address, and telephone number of any person authorized to act for
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and on behalf of the owner for purposes of receiving notice under this chapter
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or performing the owner's duties under this chapter or under the rental
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agreement, if the person authorized to manage the residential rental unit does
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not have authority to receive notice under this chapter; and
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(b) provide the renter:
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(i) an executed copy of the rental agreement, if the rental agreement is a written
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agreement; and
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(ii) a copy of any rules and regulations applicable to the residential rental unit.
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(8)(a) An owner shall provide notice of an increase in the monthly rental amount 60
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days before the day on which the rent increase takes effect, unless:
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(i) the term of the rental agreement is month-to-month;
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(ii) the rent increase is in response to an increase in maximum rent allowed in:
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(A) a low-income tax credit community; or
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(B) housing subject to Section 8 of the Housing Act of 1937, 42 U.S.C. Sec. 1437f
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et seq.; or
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(iii) the renter agrees in writing to an increase that takes effect sooner than 60 days.
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(b) Nothing in this Subsection (8) prevents an owner from increasing the amount the
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renter pays for any cost, fee, assessment, or fine allowed under the rental agreement,
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including any automatic increase to a cost, fee, assessment, or fine provided in the
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rental agreement.
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[(8)] (9) Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is
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allowed by law or stated in the rental agreement.
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[(9)] (10) A renter may not use an owner's failure to comply with a requirement of
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Subsection (2), (3), (4), (5), (6), [or ](7), or (8) as a basis:
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(a) to excuse the renter's compliance with a rental agreement; or
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(b) to bring a cause of action against the owner.
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Section 3. Effective date.
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This bill takes effect on May 7, 2025.
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