Signing a lease is one of the most important steps when renting. A lease is a legally binding contract that sets the rules for your tenancy, including rent, responsibilities, and your rights as a tenant.
Taking time to review it carefully and getting clear answers before you sign can help you avoid problems later.
Before you sign
Slow down and review it carefully.
- Read the full agreement
- Ask questions about unclear terms
- Get changes in writing
- Keep a full copy for your records
Lease Length
The lease will end after the duration or end date specified in the lease. Unless the lease specifies otherwise, neither the tenant nor the landlord can break the lease without penalty. After the duration or end date specified in the lease, if the lease does not specify that it automatically terminates at the end date, it will automatically renew on a month-to-month basis and continue indefinitely until either party gives a thirty-day notice to cancel it. If a lease does not specify an end date, it is treated as a month-to-month contract and will continue until either party gives a fifteen-day notice.
A lease may also specify that, regardless of the notice, it will remain in effect until the end of the month following the fifteen-day notice period or that the tenant is responsible for the rent for the full month in which the lease is terminated. This clause is enforceable unless a new tenant moves into the unit during that time, as a landlord cannot double collect rent from multiple tenants for the same space for the same time.
A Lease is a Legal Contract that can be Enforced Against You Once Signed
Though a lease might feel like routine paperwork, it is a legally binding agreement between you and your landlord.
Even if a lease does not list consequences for breaking it, it may still be enforced against you. For example, if a landlord is forced to evict you, under Utah Code 78B-6-811, you can still be found liable for damages in an eviction without the contract specifying that.
A Lease Does Not Need to be Written to be Enforceable
Even if you do not sign a written lease, if both of you carry on as if there is a lease, then the courts may treat it as if there is one. This is typically shown by moving in and paying rent.
However, an unwritten lease defaults to statutory standards, unless you can show you agreed otherwise. This places a high burden on memory and credibility. Get it in writing to avoid disputes, especially if renting from friends or family.
Lease lengths longer than a month do need to be in writing
Unwritten leases are always month-to-month, even if the parties agreed otherwise, and can be cancelled with a fifteen-day notice.
Landlord Sells the Property
A lease is also enforceable against the new owner if the landlord sells the property just as it had been against the original owner. However, the new owner may cancel the lease after the sale if specified in the lease.
Deposits
There is no limit in Utah on the deposit amount that the landlord may require. However, the lease must clearly state whether any portion of the lease is non-refundable and the amount.
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