When you rent a home or apartment in Utah, your landlord has legal responsibilities to maintain the property in a safe, sanitary, and fit condition for human occupancy. But what happens when your landlord fails to make necessary repairs?
The Fit Premises Act provides renters with specific rights and remedies when their rental unit has a qualifying deficient condition.
A faulty toilet, lack of hot water, a broken staircase, exposed electrical wires, dangerous holes in the floor, or rodents and other infestations that are not caused by the renter may be examples of conditions that require attention under Utah law. Utah law requires owners to meet certain standards relating to the condition and maintenance of residential rental units.
Understanding your rights—and following the required procedures—is important. Simply telling your landlord about a problem does not necessarily mean that you have properly exercised your rights under the Fit Premises Act.
What Is the Fit Premises Act?
The Fit Premises Act, found in Utah Code 57-22, establishes certain responsibilities for landlords and provides remedies for renters when a rental unit has a qualifying deficient condition.
Under Utah Code § 57-22-6, a deficient condition is a condition of a residential rental unit that violates a standard of habitability or a requirement of the rental agreement and is not caused by the renter, the renter’s family, guest, or invitee, or by a use that violates the rental agreement or applicable law.
What Are Examples of Deficient Conditions?
Depending on the circumstances, conditions affecting a rental property may include:
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Plumbing problems, such as a faulty toilet
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Lack of hot or cold water
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Problems with electrical systems
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Unsafe stairways or common areas
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Dangerous holes or other hazardous conditions
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Rodents or other infestations that were not caused by the renter
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Other conditions that violate a statutory standard of habitability or a requirement of the rental agreement
Not every maintenance issue automatically qualifies as a deficient condition under the Act. The specific facts of your situation matter.
What Should You Do If Your Rental Has an Unsafe Condition?
If you believe your rental unit has a deficient condition, your first step should generally be to notify your landlord.
Your rental agreement may specify how notices regarding repairs or other issues must be delivered. However, if your landlord fails to address a qualifying condition, Utah law may provide you with additional remedies.
Importantly, being under a lease does not necessarily mean you must continue living with a qualifying deficient condition without recourse.
The Notice of Deficient Condition
To exercise the remedies provided by the Fit Premises Act, a renter may need to provide the landlord with a written Notice of Deficient Condition that complies with Utah law.
The notice must identify each deficient condition, state the applicable corrective period, identify the remedy the renter has selected if the landlord does not take substantial action toward correcting the condition within that period, and provide permission for the landlord to enter the rental unit to make the necessary corrections. The notice must also be served in accordance with the applicable service requirements.
How Long Does a Landlord Have to Make Repairs?
The corrective period depends on the type of deficient condition.
Under current Utah law:
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Three calendar days applies to a deficient condition involving a statutory standard of habitability.
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Ten calendar days applies to a deficient condition involving a requirement imposed by the rental agreement.
Because the applicable corrective period can affect your rights and remedies, it is important to properly identify the nature of the deficient condition.
What Remedies Are Available to Renters?
If the landlord fails to take substantial action toward correcting the deficient condition within the applicable corrective period, Utah law provides two primary renter remedies: the Rent Abatement Remedy and the Repair and Deduct Remedy.
1. Rent Abatement Remedy
If the renter selects the Rent Abatement Remedy in the Notice of Deficient Condition, the statute provides that:
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The renter’s rent is abated as of the date the notice is provided to the owner.
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The rental agreement is terminated.
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The owner must immediately pay the renter the entire security deposit paid under the rental agreement and a prorated refund of prepaid rent, including rent paid for a period after the notice was provided.
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The renter must vacate the rental unit within 10 calendar days after the corrective period expires.
These requirements are governed by Utah Code § 57-22-6 and should be followed carefully.
2. Repair and Deduct Remedy
Under the Repair and Deduct Remedy, the renter may be able to correct the deficient condition and deduct the cost from future rent.
The statute provides that the renter may:
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Correct the deficient condition identified in the notice.
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Deduct the amount paid to correct the condition from future rent, up to an amount equal to two months’ rent.
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Maintain receipts documenting the amount paid to correct the deficient condition.
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Provide copies of those receipts to the owner within five calendar days after the beginning of the next rental period.
Because the Repair and Deduct Remedy has specific statutory requirements, renters should carefully document the condition, repairs, and expenses.
Do Not Simply Stop Paying Rent
One of the most important things for renters to understand is that the Fit Premises Act does not simply allow a renter to stop paying rent because the rental property has a maintenance problem.
A renter must comply with the applicable requirements of Utah law and the rental agreement in order to qualify for the remedies provided by the Act. Utah Code § 57-22-6 specifically provides that a renter is not entitled to a renter remedy if the renter is not in compliance with the requirements referenced in the statute.
Before taking action, make sure you understand your obligations under both the lease and the Fit Premises Act.
Proper Notice and Documentation Matter
If you are considering using the Fit Premises Act, documentation is extremely important.
Keep copies of:
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Your Notice of Deficient Condition
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Photographs or videos of the condition
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Communications with your landlord
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Repair requests
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Receipts and invoices
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Proof that your notice was delivered
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Any responses you receive from your landlord
Texts, emails, and phone calls may document your attempts to communicate with your landlord, but they may not satisfy the specific statutory requirements for a Notice of Deficient Condition.
The notice must be served in the manner required by Utah law or your rental agreement. Current Utah Code § 57-22-6 provides that the notice must be served as provided under Utah Code § 78B-6-805 or the rental agreement.
What If the Condition Is Dangerous?
Utah law also addresses certain dangerous conditions. A dangerous condition is defined as a deficient condition that poses a substantial risk of imminent loss of life or significant physical harm.
If a renter believes a dangerous condition exists, the renter may notify the owner by a means that is reasonable under the circumstances. The owner must then commence remedial action within 24 hours and diligently pursue the remedial action to completion.
Because dangerous conditions can involve immediate health or safety concerns, renters should not rely solely on the ordinary repair process when an immediate danger exists.
What Happens If Your Landlord Will Not Make the Repairs?
If your landlord refuses to correct a qualifying deficient condition, you may have legal remedies under the Utah Fit Premises Act. However, the requirements are specific, and failing to follow the statutory process can affect your ability to use those remedies.
Before withholding rent, making repairs yourself, terminating your lease, or taking other action, make sure you understand the legal requirements that apply to your particular situation.
Need Help With a Utah Fit Premises Act Issue?
The Fit Premises Act can be difficult to navigate, particularly when you are dealing with an unresponsive landlord, an unsafe rental property, or the possibility of an eviction or other legal proceeding.
If you are unsure whether your situation qualifies as a deficient condition or are unsure how to properly provide notice and exercise your rights, our Licensed Paralegal Practitioner, Brooke, is ready to assist you.
Call Brooke at 801-612-9299 for a free consultation.
This article provides general information about Utah landlord-tenant law and is not a substitute for legal advice about your specific situation. Laws and legal requirements can change, and the facts of each case are different.