Residential Rental Modifications

4
57-22-2
57-22-4
0
Residential Rental Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Arthur
Senate Sponsor:
LONG TITLE
General Description:
This bill amends provisions relating to landlords and tenants.
Highlighted Provisions:
This bill:
defines terms;
establishes a period of time by which a landlord shall provide a notice of rent increase to
a tenant; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-22-2
, as last amended by Laws of Utah 2017, Chapter 19
57-22-4
, as last amended by Laws of Utah 2021, Chapter 98
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
57-22-2
is amended to read:
57-22-2
. Definitions.
As used in this chapter:
(1)
"Low-income housing tax credit" means the same as that term is defined in Section
59-2-102
.
(1)
(2)
(a)
"Owner" means the owner, lessor, or sublessor of a residential rental unit.
(b)
A
"Owner" includes a
managing agent, leasing agent, or resident manager is
considered an owner for purposes of notice and other communication required or
allowed under this chapter unless the agent or manager specifies otherwise in writing
in the rental agreement.
(2)
(3)
"Rental agreement" means
any
an
agreement, written or oral,
which
that

establishes or modifies the terms, conditions, rules, or any other provisions regarding the
use and occupancy of a residential rental unit.
(3)
(4)
"Rental application" means an application required by an owner as a prerequisite to
the owner entering into a rental agreement for a residential rental unit.
(4)
(5)
"Renter" means any person entitled under a rental agreement to occupy a residential
rental unit to the exclusion of others.
(5)
(6)
(a)
"Residential rental unit" means a renter's principal place of residence
and
.
(b)

"Residential rental unit"
includes

:
(i)
the appurtenances, grounds, and facilities held out for the use of the residential
renter generally
,
;
and
(ii)

any other area or facility provided to the renter in the rental agreement.
(c)
It
"Residential rental unit"
does not include facilities contained in a boarding or
rooming house or similar facility, mobile home lot, or recreational property rented on
an occasional basis.
Section 2. Section
57-22-4
is amended to read:
57-22-4
. Owner's duties.
(1)
To protect the physical health and safety of the ordinary renter, an owner:
(a)
may not rent the premises unless they are safe, sanitary, and fit for human
occupancy; and
(b)
shall:
(i)
maintain common areas of the residential rental unit in a sanitary and safe
condition;
(ii)
maintain electrical systems, plumbing, heating, and hot and cold water;
(iii)
maintain any air conditioning system in an operable condition;
(iv)
maintain other appliances and facilities as specifically contracted in the rental
agreement; and
(v)
for buildings containing more than two residential rental units, provide and
maintain appropriate receptacles for garbage and other waste and arrange for
its
the
removal
of the garbage and other waste
, except to the extent that the renter and
owner otherwise agree.
(2)
Except as otherwise provided in the rental agreement, an owner shall provide the renter
at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
(3)
(a)
Before an owner accepts an application fee or any other payment from a
prospective renter, the owner shall disclose in writing to the prospective renter:
(i)
a good faith estimate of:
(A)
the rent amount; and
(B)
the amount of each fixed, non-rent expense that is part of the rental agreement;
(ii)
the type of each use-based, non-rent expense that is part of the rental agreement;
(iii)
the day on which the residential rental unit is scheduled to be available;
(iv)
the criteria that the owner will consider in determining the prospective renter's
eligibility as a renter in the residential rental unit, including criteria related to the
prospective renter's criminal history, credit, income, employment, or rental
history; and
(v)
the requirements and process for the prospective renter to recover money the
prospective renter pays in relation to the residential rental unit, as described in
Subsection
(4)
.
(b)
An owner may satisfy the written disclosure requirement described in Subsection
(3)(a)(i)
(3)(a)
through a rental application, deposit agreement, or written summary.
(4)
(a)
A prospective renter may make a written demand to the owner of a residential
rental unit requesting the return of money the prospective renter paid in relation to
the rental of the residential rental unit, if:
(i)
(A)
an amount the owner provides in the good-faith estimate described in
Subsection
(3)
(3)(a)(i)
is different than the amount in the rental agreement; or
(B)
the rental agreement includes a type of use-based, non-rent expense that was
not disclosed under Subsection
(3)
; and
(ii)
the prospective renter:
(A)
makes the written demand within five business days after the day on which
the prospective renter receives the rental agreement; and
(B)
at the time the prospective renter makes the written demand, has not signed
the rental agreement or taken possession of the residential rental unit.
(b)
If a prospective renter makes a written demand in accordance with Subsection
(4)(a)
,
the owner shall return all money the prospective renter paid the owner within five
business days after the day on which the owner receives the written demand.
(5)
An owner may not charge a renter:
(a)
a late fee that exceeds the greater of:
(i)
10% of the rent agreed to in the rental agreement; or
(ii)
$75; or
(b)
a fee, fine, assessment, interest, or other cost:
(i)
in an amount greater than the amount agreed to in the rental agreement; or
(ii)
that is not included in the rental agreement, unless:
(A)
the rental agreement is on a month-to-month basis; and
(B)
the owner provides the renter a 15-day notice of the charge.
(6)
Before an owner and a prospective renter enter into a rental agreement, the owner shall:
(a)
provide the prospective renter a written inventory of the condition of the residential
rental unit, excluding ordinary wear and tear;
(b)
furnish the renter a form to document the condition of the residential rental unit and
then allow the resident a reasonable time after the renter's occupancy of the
residential rental unit to complete and return the form; or
(c)
provide the prospective renter an opportunity to conduct a walkthrough inspection of
the residential rental unit.
(7)
At or before the commencement of the rental term under a rental agreement, an owner
shall:
(a)
disclose in writing to the renter:
(i)
the owner's name, address, and telephone number; or
(ii)
(A)
the name, address, and telephone number of any person authorized to
manage the residential rental unit; or
(B)
the name, address, and telephone number of any person authorized to act for
and on behalf of the owner for purposes of receiving notice under this chapter
or performing the owner's duties under this chapter or under the rental
agreement, if the person authorized to manage the residential rental unit does
not have authority to receive notice under this chapter; and
(b)
provide the renter:
(i)
an executed copy of the rental agreement, if the rental agreement is a written
agreement; and
(ii)
a copy of any rules and regulations applicable to the residential rental unit.
(8)
Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is
allowed by law or stated in the rental agreement.
(9)
(a)
An owner shall provide notice of an increase in the monthly rental amount 60
days before the day on which the rent increase takes effect unless:
(i)
the renter is on a month-to-month basis; or
(ii)
the increase in the monthly rental amount is in response to an increase in
maximum rent allowed in:
(A)
a low-income tax credit community; or
(B)
housing subject to Section 8 of the Housing Act of 1937, 42 U.S.C. Sec. 1437f
et seq.
(b)
Nothing in this Subsection
(9)
prevents an owner from increasing the amount the
renter pays for any cost, fee, assessment, or fine allowed under the rental agreement,
including an automatic increase to a cost, fee, assessment, or fine provided in the
rental agreement.
(9)
(10)
A renter may not use an owner's failure to comply with a requirement of
Subsection
(2)
,
(3)
,
(4)
,
(5)
,
(6)
,
or
(7)
, or (9)
as a basis:
(a)
to excuse the renter's compliance with a rental agreement; or
(b)
to bring a cause of action against the owner.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-20-26 9:53 AM