Free Lease Agreement in Utah: Complete Guide

Lease Agreement in Utah Explained

Lease agreements, otherwise known as rental agreements, are highly important contracts in Utah (as well as other states). These contracts govern the relationship between the landlord and tenant, helping to ensure that everything goes smoothly while all parties remain protected under Utah law.
Generally speaking, a lease agreement must meet the following requirements:

• The agreement must establish an agent-principal relationship between the landlord and the tenant . This is important for proving the legality of the contract as well as for determining liability in the case of an injury or personal property damage.
• The terms of the agreement must be lawful under local laws, which will be discussed in depth below.
• There must be sufficient consideration for the agreement by the landlord, which means that rent must be paid back to the landlord.

Note that a verbal agreement may be a legally binding lease agreement as long as it meets the general requirements. However, if your agreement lasts longer than one year, it must be in writing.

Benefits of a Free Lease Agreement

Free Lease Agreement Advantages and Disadvantages
These forms are convenient and enticing. However, there are pros and cons to using them. The biggest advantages are cost, ease and time. Since they are free, you save money. Instead of paying an attorney for a lease agreement, you can simply Google "rent-to-own Utah contract" or "Utah rental lease agreement downtown Salt Lake City" and you can find what you are looking for fast—and for free. All you have to do is plug in your information and print it out. Ease of use is the next biggest advantage. If you have a printer (or can use a printer at a library or at a work place), you should have no problem printing out your form and simply changing the information. If you rent homes, getting documents fast is a huge plus. Finally, because these forms are available for free online, it takes very little time to find a form you want (or need) and fill it in.
There are downsides though. Most importantly, there is no guarantee that the form you find online is what you actually need. You need to make sure that the form covers every aspect of the law in Utah as it is written. You also must make sure that the form covers all of the unique needs you have both in terms of the terms of your lease and the property in which you are living. In other words, peppering the document with your personal details is obviously important, but so is peppering the document with the right legal details.
In short, a free Utah rental agreement(s) can be a good step to take as long as you are aware of the many legal requirements and unique considerations that are inherent in renting year-round in the Beehive State.

Key Components of a Utah Lease Agreement

A Utah lease agreement must contain basic elements of a rental contract, which are common to many states. First, the term of the agreement must be set between the landlord and tenant. A fixed-term agreement sets a specific period at the end of which the agreement terminates. In Utah, this period can be any length, from one day to one year. However, most leases are for six or twelve months. When a tenant rents property for an indefinite term, the agreement is considered a "periodic rental" lease. In Utah, periodic rental agreements are commonly for a year, but could also be for a shorter lease term. The lease agreement should contain the exact property address of the rental unit and the landlord’s name and address. Although some leases require an initial payment, such as the first month’s rent or last months’ rent, the law prohibits landlords from requiring a security deposit before renting the unit. A deposit can equal up to the amount of one month’s rent. Utah law typically requires security deposits be returned to tenants within 30 days of the expiration of the lease. If the security deposit does not need to be returned because it was used to make repairs or pay for damage to the unit, the landlord must provide the tenant with evidence of the damage and the estimated cost per repair. In Utah, the landlord may charge rent at any time after the lease is signed. Leases created on or after May 5, 2010 must provide the following information: Leases created after May 5, 2010 must be in writing and contain the following elements (as required by law): the address of the unit, the names of all parties, the total rent, the amount of rent due each month, the date of rent payment, the term of the lease and a statement of whether the lease is a fixed-term or periodic term rental.

Trusted Free Basic Lease Agreement Forms

For landlords and tenants in Utah, there are several reliable sources for free lease agreement templates that are legally compliant in all 50 states or from licensed Utah attorneys.
The National Association of Realtors hosts over 50 state Bars’ licensing information for rental, lease, land, recreational and mobile home agreements. All templates posted by participating state Bars (including Utah) comply with local laws.
Some of the larger websites with freely downloadable forms promise that all of their lease agreement templates comply with regulations in all 50 states. Be cautious before downloading – many of them have disclaimers stating that downloading a lease agreement template does not constitute an attorney-client relationship with the company. If it is truly important that your lease agreement meets all state requirements, it makes sense that you should be working with an attorney.
Also, there are some free lease agreement templates that may not meet all the local requirements, so you must investigate the laws in Utah and ensure that what you are doing is legal under local laws. If you want to be sure, then retain a lawyer or use only the templates from the Utah Bar.

Utah Lease Agreement Legalities

When entering into a lease agreement in Utah, both parties must adhere to certain legal requirements established by Utah law. The landlord must provide the tenant with written notice specifying the name and address of the landlord or the property owner’s agent for receiving notices and demands. This information is provided for the benefit of the tenant and the landlord, as it allows for clear communication regarding any disputes that may arise between them.
The landlord has the right to demand a security deposit at the time of leasing the property, provided that the terms of the prospective tenancy are not violated. Within the fifth business day after receiving the deposit, the landlord must provide the tenant with a receipt that includes specific terms outlined by the law. If the landlord does not comply with this requirement, or if less than the amount of rent that the tenant is obligated to pay is demanded or received, the landlord may be required to forfeit the deposit back to the tenant and may be held liable for other damages.
Both landlords and tenants in Utah have specific obligations that they must fulfill under the law. For example, the landlord is prohibited from substantially interfering with the tenant’s right to privacy or quiet enjoyment of the property, which may include entering the unit without proper notice . The tenant is obligated to keep the property clean and sanitary, avoid criminal activity on the premises, and neither unreasonably withhold consent for the landlord to enter the property.
Utah also has laws establishing a schedule of permissible rental rates during the lease term. Such an agreement, (i.e., an advance rent payment) whether to be paid in one lump sum or in installments, must state the exact amount of rent due. Any lease agreement for residential rental property must contain a subsection providing that for any period of rental of less than three years in duration an additional amount of three percent (3%) of the rent is charged each time rent is paid in that agreement. This "convenience charge" must be specified in the lease under a subsection entitled "Convenience Charge."
Finally, upon expiration of the lease term, the landlord may demand that the tenant vacate the property within seven calendar days. While failure to give notice may result in the forfeiture of any prepaid rent, the tenant will not be held liable for failure to give notice to the landlord or pay rent when a lesser period of time is required by law or the terms of the lease.
It is important to ensure that all parties are clear on their roles and responsibilities before entering into a lease agreement.

Customizing your Lease Agreement

Once you have downloaded the free lease agreement of your choice, it is time to customize the document. The first step is to insert the correct date, the names of the landlord and tenant, the address of the rental property, and all of the contact information. You also need to designate who is responsible for paying the utilities at the end of the lease period.
Next, go through each of the remaining sections of the lease agreement document and insert information that applies to your situation. The first section will usually require you to select the type of lease that is being entered into:
Residential real property lease. This is a typical residential apartment or home lease document.
Commercial real property lease. This is a commercial lease document that gives the tenant permission to use a space for retail or other business purposes.
Home rental lease. This is a lease document to rent an entire house for a term of time. Certain provisions will be stated to allow the landlord access for repairs, but otherwise non-transient.
Transitory occupancy lease. This is a rate agreement that allows short-term rental for a transient visitor, such as a Fort Belvoir military personnel, visiting family or vacationer. Tenants sign an agreement subjecting them to terms and conditions of tenancy.
Consider the following commonly included provisions and whether or not they are appropriate to your situation:
Grounds for eviction. When leasing to a military service member, they can be evicted immediately after providing notice of 30 days to vacate due to a transfer to another military base. A civilian tenant should receive a 3-day grace period for non-payment of rent and 5 days grace period for payment of utilities. If the late payment is not received, renunciation of the lease and immediate eviction may occur.
Utility payments. Parties involved should agree to who will pay the company the security deposit and whether a waiver of utility charges applies. When renting to Fort Belvoir military personnel, there may be some sort of allowance made for utilities.
Late fees and default. Be reasonable and fair in the contract terms that are put in writing for length of time rents are due and the amount added for increasing interest. A general rule of thumb is to provide a 5-10% increase if rent is late.
Additional protections. Include any other provisions that you feel will protect you as the landlord and be useful as a resource in case of a conflict. For example, if you want a broken window area to be included in the rent price, you should insert that statement into the contract.
If you have questions about customizing a lease agreement to fit a situation, it is best to consult a qualified attorney in the area. Consulting a local attorney will ensure compliance with the laws of the given area.

Mistakes to Avoid

Common Mistakes to Avoid When Using Free Lease Agreements in Utah
While free lease agreements are plentiful, their interpretation and enforcement are not always straightforward. The following is a non-exhaustive list of common pitfalls when using a free lease agreement. 1) No consideration. The parties to an agreement may be permitted to modify how the exchange of interest and repose is made. For example, in a loan agreement the lender can charge a higher interest rate, but simply not having consideration renders the contract void. Under Utah Uniform Commercial Code Article 2, a valid agreement must be supported by consideration, but the parties can modify the terms of the agreement so long as the modification is a commercial reasonableness test. 2) No specific duration. A typical landlord-tenant scenario requires that there be an understanding as to the duration of the tenancy . This is often expressed as an express agreement for a month-to-month tenancy, or an agreement for a lease term, such as one year. Utah law allows the tenancy to be indefinite, but only if the tenant is a legal resident of the property, and has made the property their home. The failure to specify a duration may render the lease voidable by either party. 3) Limited use of the property. The lease agreement may restrict the tenant’s use of the property under the terms of the agreement, but the agreement may not restrict use by the tenant under Utah law. If the use is consistent with the general purposes of the property, then the tenant is entitled to use the property as they see fit, irrespective of the restrictions. However, the landlord may bring actions for damage caused by the tenant, including for waste, nuisance, or similar claims.