Landlord Communication Amendments

7
57-22-6
78B-6-801
78B-6-802
0
Landlord Communication Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: David Shallenberger
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill amends provisions relating to unlawful detainer.
Highlighted Provisions:
This bill:
provides that a renter may take commercially reasonable steps to correct a deficient
condition in a residential rental unit;
defines terms;
amends the circumstances under which a tenant is guilty of unlawful detainer;
provides that a tenant is guilty of unlawful detainer if an animal under control of the
tenant engages in certain acts;
provides that a tenant is guilty of unlawful detainer if the tenant violates a provision of the
lease agreement that the lease agreement designates as an incurable violation; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-22-6
, as last amended by Laws of Utah 2023, Chapter 401
78B-6-801
, as last amended by Laws of Utah 2016, Chapter 264
78B-6-802
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
57-22-6
is amended to read:
57-22-6
. Renter remedies for deficient condition of residential rental unit.
(1)
As used in this section:
(a)
"Corrective period" means:
(i)
for a standard of habitability, three calendar days; and
(ii)
for a requirement imposed by a rental agreement, 10 calendar days.
(b)
"Deficient condition" means a condition of a residential rental unit that:
(i)
violates a standard of habitability or a requirement of the rental agreement; and
(ii)
is not caused by:
(A)
the renter, the renter's family, or the renter's guest or invitee; and
(B)
a use that would violate:
(I)
the rental agreement; or
(II)
a law applicable to the renter's use of the residential rental unit.
(c)
"Notice of deficient condition" means the notice described in Subsection
(2)
.
(d)
"Rent abatement remedy" means the remedy described in Subsection
(4)(a)(i)
.
(e)
"Renter remedy" means:
(i)
a rent abatement remedy; or
(ii)
a repair and deduct remedy.
(f)
"Repair and deduct remedy" means the remedy described in Subsection
(4)(a)(ii)
.
(g)
"Standard of habitability" means a standard:
(i)
relating to the condition of a residential rental unit; and
(ii)
that an owner is required to ensure that the residential rental unit meets as
required under Subsection
57-22-3(1)
or Subsection
57-22-4(1)(a)
or
(b)(i)
,
(ii)
, or
(iii)
.
(2)
(a)
If a renter believes that the renter's residential rental unit has a deficient condition,
the renter may give the owner written notice as provided in Subsection
(2)(b)
.
(b)
A notice under Subsection
(2)(a)
shall:
(i)
describe each deficient condition;
(ii)
state that the owner has the corrective period, stated in terms of the applicable
number of days, to correct each deficient condition;
(iii)
state the renter remedy that the renter has chosen if the owner does not, within
the corrective period, take substantial action toward correcting each deficient
condition;
(iv)
provide the owner permission to enter the residential rental unit to make
corrective action; and
(v)
be served on the owner as provided in:
(A)
Section
78B-6-805
; or
(B)
the rental agreement.
(3)
(a)
As used in this Subsection
(3)
, "dangerous condition" means a deficient condition
that poses a substantial risk of:
(i)
imminent loss of life; or
(ii)
significant physical harm.
(b)
If a renter believes that the renter's residential rental unit has a dangerous condition,
the renter may notify the owner of the dangerous condition by any means that is
reasonable under the circumstances.
(c)
An owner shall:
(i)
within 24 hours after receiving notice under Subsection
(3)(b)
of a dangerous
condition, commence remedial action to correct the dangerous condition; and
(ii)
diligently pursue remedial action to completion.
(d)
Notice under Subsection
(3)(b)
of a dangerous condition does not constitute a notice
of deficient condition, unless the notice also meets the requirements of Subsection
(2)
.
(4)
(a)
Subject to Subsection
(4)(b)
, if an owner fails to take substantial action, before the
end of the corrective period, toward correcting a deficient condition described in a
notice of deficient condition:
(i)
if the renter chose the rent abatement remedy in the notice of deficient condition:
(A)
the renter's rent is abated as of the date of the notice of deficient condition to
the owner;
(B)
the rental agreement is terminated;
(C)
the owner shall immediately pay to the renter:
(I)
the entire security deposit that the renter paid under the rental agreement;
and
(II)
a prorated refund for any prepaid rent, including any rent the renter paid for
the period after the date on which the renter gave the owner the notice of
deficient condition; and
(D)
the renter shall vacate the residential rental unit within 10 calendar days after
the expiration of the corrective period; or
(ii)
if the renter chose the repair and deduct remedy in the notice of deficient
condition, and subject to Subsection
(4)(c)
, the renter:
(A)
may:
(I)
take commercially reasonable steps to hire a licensed and insured contractor
to
correct the deficient condition described in the notice of deficient
condition; and
(II)
deduct from future rent the amount the renter paid to correct the deficient
condition, not to exceed an amount equal to two months' rent; and
(B)
shall:
(I)
maintain all receipts documenting the amount the renter paid to correct the
deficient condition; and
(II)
provide a copy of those receipts to the owner within five calendar days
after the beginning of the next rental period.
(b)
A renter is not entitled to a renter remedy if the renter is not in compliance with all
requirements under Section
57-22-5
.
(c)
(i)
If a residential rental unit is not fit for occupancy, an owner may:
(A)
determine not to correct a deficient condition described in a notice of deficient
condition; and
(B)
terminate the rental agreement.
(ii)
If an owner determines not to correct a deficient condition and terminates the
rental agreement under Subsection
(4)(c)(i)
:
(A)
the owner shall:
(I)
notify the renter in writing no later than the end of the corrective period; and
(II)
within 10 calendar days after the owner terminates the rental agreement,
pay to the renter:
(Aa)
any prepaid rent, prorated as provided in Subsection
(4)(c)(ii)(B)
; and
(Bb)
any deposit due the renter;
(B)
the rent shall be prorated to the date the owner terminates the rental agreement
under Subsection
(4)(c)(i)
; and
(C)
the renter may not be required to vacate the residential rental unit sooner than
10 calendar days after the owner notifies the renter under Subsection
(4)(c)(ii)(A)(I)
.
(5)
(a)
After the corrective period expires, a renter may bring an action in a court with
jurisdiction under
Title 78A, Judiciary and Judicial Administration
, to enforce the
renter remedy that the renter chose in the notice of deficient condition.
(b)
In an action under Subsection
(5)(a)
, the court shall endorse on the summons that the
owner is required to appear and defend the action within three business days.
(c)
If, in an action under Subsection
(5)(a)
, the court finds that the owner unjustifiably
refused to correct a deficient condition or failed to use due diligence to correct a
deficient condition, the renter is entitled to any damages, in addition to the applicable
renter remedy.
(d)
An owner who disputes that a condition of the residential rental unit violates a
requirement of the rental agreement may file a counterclaim in an action brought
against the owner under Subsection
(5)(a)
.
(6)
An owner may not be held liable under this chapter for a claim for mental suffering or
anguish.
(7)
In an action under this chapter, the court may award costs and reasonable attorney fees
to the prevailing party.
Section 2. Section
78B-6-801
is amended to read:
78B-6-801
. Definitions.
As used in this chapter:
(1)
"Commercial tenant" means
any
a
tenant who may be a body politic and corporate,
partnership, association, or company.
(2)
"Forcible detainer" means:
(a)
holding and keeping by force, or by menaces and threats of violence, the possession
of
any
real property, whether acquired peaceably or otherwise; or
(b)
unlawfully entering real property during the absence of the occupants or at night,
and, after demand is made for the surrender of the property, refusing for a period of
three days to surrender the property to the former occupant.
(3)
"Forcible entry" means:
(a)
entering
any
real property by:
(i)
breaking open doors, windows, or other parts of a house;
(ii)
fraud, intimidation, or stealth; or
(iii)
any kind of violence or circumstances of terror; or
(b)
after entering peaceably upon real property, turning out by force, threats, or
menacing conduct the party in actual possession.
(4)
"Occupant of real property" means
one
an individual
who
,
within five days
preceding
before
an unlawful entry
,
was in the peaceable and undisturbed possession of the
property.
(5)
"Owner":
(a)
means the actual owner of the premises;
(b)
has the same meaning as landlord under common law and the statutes of this state;
and
(c)
includes the owner's designated agent or successor to the estate.
(6)
(a)
"Peaceable possession" means having a legal right to possession.
(b)
"Peaceable possession" does not include:
(i)
the occupation of premises by a trespasser; or
(ii)
continuing to occupy real property after being served with

an order of
restitution issued by a court
of competent
with
jurisdiction .
(7)
"Quit" means to vacate the premises.
(7)
(8)
(a)
"Tenant" means
any
a
natural person and
any
an
individual, including a
commercial tenant.
(b)
"Tenant" does not include a person or entity that has no legal right to the premises.
(8)
(9)
"Trespasser" means a person or entity that occupies real property but never had
possessory rights in the premises.
(9)
(10)
"Unlawful detainer" means unlawfully remaining in possession of property after
receiving a notice to quit, served as required by this chapter, and failing to comply with
that notice.
(10)
(11)
"Willful exclusion" means preventing the tenant from entering into the premises
with intent to deprive the tenant of entry.
Section 3. Section
78B-6-802
is amended to read:
78B-6-802
. Unlawful detainer by tenant for a term less than life.
(1)
A tenant holding real property for a term less than life is guilty of an unlawful detainer
if the tenant
, in person or by subtenant, guest, or invitee
:
(a)
continues in possession, in person or by subtenant, of the property or any
remains
on the premises or a
part of the
property
premises
, after the expiration of the
specified term or period for which
it
the premises
is let to the tenant, which specified
term or period, whether established by express or implied contract, or whether
written or parol, shall be terminated without notice at the expiration of the specified
term or period;
(b)
having leased
real property
the premises
for an indefinite time with monthly or
other periodic rent reserved:
(i)
continues in possession of
remains on
the
property in person or by subtenant
premises
after the end of
any
a
month or period, in cases where the owner, the
owner's designated agent, or
any
a
successor in estate of the owner, 15 calendar
days or more before the end of that month or period, has served notice requiring
the tenant to quit
the premises
at the expiration of that month or period; or
(ii)
in cases of tenancies at will, remains in possession of the premises after the
expiration of a notice of not less than five calendar days;
(c)
continues in possession, in person or by subtenant, after default in the payment of
any
rent or other amounts due and after a notice in writing requiring in the
alternative the payment of the rent and other amounts due or the surrender of the
detained premises, has remained uncomplied with for a period of three business days
after service, which notice may be served at any time after the rent becomes due;
(d)
assigns or sublets the leased premises contrary to the covenants of the lease, or
commits or permits waste on the premises
and remains on the premises
after service
of a three calendar days' notice to quit;
(e)
sets up or carries on
any
unlawful business on or in the premises
and remains on
the premises
after service of a three calendar days' notice to quit;
(f)
suffers, permits, or maintains on or about the premises
any
a
nuisance, including
nuisance as
that term is
defined in Section
78B-6-1107

and remains on the premises
after service of a three calendar days' notice to quit;
(g)
(i)
has charge, care, custody, or control of an animal that attacks a person,
domestic animal, or a species of protected wildlife, regardless of whether:
(A)
the charge, care, custody, or control is temporary; or
(B)
a guest on the premises has possession of the animal; and
(ii)
remains on the premises after service of a three calendar days' notice to quit;
(h)
(i)
violates a provision in the lease agreement that the lease agreement states is an
incurable violation; and
(ii)
remains on the premises after service of three calendar days' notice to quit;
(g)
(i)
commits a criminal act on the premises and remains
in possession
on the
premises
after service of a three calendar days' notice to quit;
(h)
(j)
continues in possession
, in person or by subtenant,
after a neglect or failure to
perform
any
a
condition or covenant of the lease or agreement under which the
real

property is held, other than those previously mentioned, and after notice in writing
requiring in the alternative the performance of the conditions or covenant or the
surrender of the
real
property, served upon the tenant and upon
any
a
subtenant in
actual occupation of the premises remains uncomplied with for three calendar days
after service; or
(i)
(k)
(i)
is a tenant under a bona fide tenancy as described in Section 702 of the
Protecting Tenants at Foreclosure Act; and
(ii)
continues in possession after the effective date of a notice to vacate given in
accordance with Section 702 of the Protecting Tenants at Foreclosure Act.
(2)
After service of the notice and the time period required for the notice, the tenant,
any
a

subtenant in actual occupation of the premises,
any
a
mortgagee of the term, or other
person interested in the lease's continuance may perform the condition or covenant and
save the lease from forfeiture, except that if the covenants and conditions of the lease
violated by the lessee cannot afterwards be performed, or the violation cannot be
brought into compliance, a notice provided for in Subsections
(1)(d)
through
(g)
(i)

may be given.
(3)
Unlawful detainer by an owner resident of a mobile home is determined under
Title 57,
Chapter 16, Mobile Home Park Residency Act
.
(4)
The notice provisions for nuisance in Subsections
(1)(d)
through
(g)
(i)
do not apply to
nuisance actions provided in Sections
78B-6-1107
through
78B-6-1114
.
(5)
The notice to vacate requirement under 15 U.S.C.
Sec.
9058(c), which is part of the
Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136:
(a)
applies only to a notice provided to a tenant of a covered dwelling in a covered
property as that term is defined in 15 U.S.C.
Sec.
9058(a);
(b)
applies only to the amount of time before a tenant may be required to vacate a
covered property through an order of restitution as provided by Section
78B-6-812
;
(c)
for a notice provided under Subsection
(1)(c)
, applies only when delinquent rent or
other amounts have accrued during the 120-day moratorium described in 15 U.S.C.

Sec.
9058(b);
(d)
does not require that a tenant be given more than three business days after service to
pay rent and other amounts due under a notice provided under Subsection
(1)(c)
;
(e)
does not apply to a notice provided under Subsections
(1)(d)
through
(h)
(j)
;
(f)
does not prohibit or nullify the service of
any
a
notice described in this section; and
(g)
does not limit the accrual of damages under Section
78B-6-811
.
(6)
Service of a notice as provided by 15 U.S.C.
Sec.
9058(c) or under Subsection
(5)
does
not nullify the service or validity of any other notice provided in accordance with this
section.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-22-26 3:37 PM