Breaking a Lease in Utah: Landlord/Tenant Guide 2024

Breaking a lease in Utah is something that neither a landlord nor tenant typically plan to do. Instead, you usually have full intentions of staying for the entire duration of the lease. Unfortunately, things can happen where either person needs to break the agreement.

However, it’s essential to understand that breaking a lease agreement can have consequences if not done properly. In this article, we’ll examine some of the legally acceptable and unacceptable reasons why you might need to break a lease. We’ll also help you understand the consequences of illegally breaking a lease.

Keep reading, and let’s dive in.

Review Your Lease Before All Else

Whether you’re a tenant or a landlord, reviewing your lease agreement is crucial if you consider breaking it. If you’ve never gone through the process of terminating a lease, you’re likely to have questions.

Reviewing the lease can give you insight into what is required and any potential consequences.

Depending on your lease type, the process might be easier or more difficult. For example, some leases are either week-to-week or month-to-month rental agreements. These leases usually have opt-out clauses, where you can give either a 7-day or 30-day notice and exit the lease without much else to consider.

However, a large percentage of leases are for a fixed-term period of one year. Terminating these is more difficult, and you must provide a valid reason or face consequences.

Legal Reasons for Breaking a Lease in Utah

According to specific laws established by Utah lawmakers, there are some valid reasons why tenants (and occasionally landlords) can break a Utah lease agreement without fearing consequences:

The Rental Violates Health and Safety or is Deemed Unsafe

According to Utah Code Ann. § 57-22, tenants can break their lease if the rental is deemed unsafe. Reasons include mold, structural issues, poor sanitation, insufficient heating or ventilation, or pest infiltration.

According to Utah Code Ann. § 57-22-6, tenants have two options if their landlord fails to bring the rental up to habitable standards within a reasonable amount of time.

1. Self-remedy: Tenants can remedy the situation independently by deducting the cost from future rent payments (not to exceed two months’ rent).
2. Rent abatement: When this is done, the rental agreement is terminated, and the landlord must return the entire security deposit paid by the tenant and a prorated refund for any prepaid rent. The tenant then has 10 calendar days to leave the property.

The Tenant Will Begin Active Military Deployment

According to the US Servicemembers Civil Relief Act (SCRA), you can terminate your lease if you are deployed for active military duty and will be gone for more than 90 days. This applies to anyone who serves in the following:

• Armed forces (army, navy, marines, air force, and coast guard)
• Commissioned officers of the National Oceanic and Atmospheric Administration (NOAA)
• Commissioned officers of the Public Health Service
• Activated National Guard

You Are a Victim of Domestic Violence

According to Utah Code Ann. § 57-22-5.1, you’re allowed to terminate your rental agreement if you’re the victim of domestic violence. Tenants must file a police report and provide the landlord with the proper documentation and written notice that they plan to terminate their lease.

Your Landlord is Harassing You or Violates Your Privacy

According to Utah Code Ann. § 57-22-4(2), landlords must provide tenants with 24-hour notice before they enter a rental unit. If the landlord continually violates this law or engages in harassing or threatening behaviors, you have legal grounds to break a Utah lease and leave the property without legal consequences.

Early Termination Clause in the Rental Agreement

Utah lease agreements might include early termination clauses that allow tenants and landlords to terminate the rental agreement before its expiration date. Some common reasons that landlords could write into the lease could include:

• Job relocation: Tenant must move out of the area for their job.
• Damages leave home uninhabitable: If the home becomes uninhabitable for a lengthy period, the tenant could be allowed to terminate their lease.
• Landlord sells home: The landlord could include a clause in the lease agreement that allows them to sell the property during the middle of the lease term.

Breaking a Lease Without Legal Justification

There are circumstances where breaking a lease in Utah is justified. However, if it’s not covered in the prior section, it’s likely illegal, and you will face legal repercussions.

Tenants moving for family reasons, dealing with a bad relationship (other than domestic violence), or moving for work cannot break a lease unless the lease lists the reason as an opt-out clause. Breaking the lease for any of these reasons could lead to legal consequences.

Landlords must follow Utah’s legal eviction process before breaking a tenant’s lease. Self-help evictions, which include changing the locks or shutting off the utilities, are illegal.

If you need to terminate a lease agreement, there are a few steps you can take to avoid breaching it.

• Negotiate: The first step should always be a conversation. Explain the situation to the other party and see if there is a solution you can both agree on.
• Sublet: A landlord’s most important tasks are ensuring the property is occupied and collecting rent. If you must leave, talk to your landlord about finding a sublet to replace you. Remember that even if you find a sublet, the landlord will want them to undergo the tenant screening process before approval.
• Reach a Cash-for-Keys Agreement: Landlords who want their tenants to leave before the end of the lease can offer a cash payment to encourage them to end the lease.

Consequences of Tenants Breaking a Lease in Utah

If you’re unable to find a sublet or negotiate a way out of your lease with your landlord, it’s crucial to understand that there could be repercussions:

• Loss of security deposit: If you break your lease, your landlord will most likely deduct the lost rent from your security deposit.
• Negative rental references: One of the most severe consequences of breaking your lease is receiving a negative reference from your landlord. This could affect your ability to rent in the future.
• Additional money owed to landlord: Your security deposit usually only covers one month’s rent. You could owe your landlord money if you break your lease with multiple months remaining.
• Potential lawsuit: If tenants cannot pay the rent, landlords have the right to sue to collect the outstanding debt.

Landlord/Tenant Rights and Responsibilities

According to Utah landlord-tenant laws, landlords and tenants have certain rights. Here are a few of the most relevant that you should know:

Landlords Have the Right to:

• Collect rent on time: Utah landlords have the right to collect rent payments on time each month.
• Use security deposit to pay for damages: Landlords have the right to use a tenant’s security deposit to pay for any more extensive damages than normal wear and tear.
• Start the eviction process: If tenants don’t make rent payments or other lease agreement violations occur, landlords have the right to begin the eviction process.

Landlords are Responsible for:

• Maintaining the property: Utah landlords are responsible for maintaining a safe living environment for their tenants. That means electrical, heating, cooling, and plumbing systems are up to code and working properly. Landlords should make all repairs within 10 days.
• Providing notice when entering the property: Landlords must give at least 24 hours’ notice before entering a tenant-occupied property.
• Providing equal treatment to all renters: The Fair Housing Act requires landlords to treat all tenants equally and without discrimination.
• Attempting to re-rent the property: According to Utah Code Ann. § 78B-6-816, landlords must attempt to re-rent the property no matter why a tenant leaves.

Tenants Have the Right to:

• Live in a safe rental unit: Tenants have the right to live in a safe rental unit that complies with all local health and safety codes.
• Receive timely repairs: Tenants have the right to have their rental unit repaired within 10 days of providing notice.
• Enjoy privacy: Tenants have the right to experience privacy from their landlords entering their units except when given 24 hours’ notice or in an emergency.

Tenants are Responsible for:

• Paying rent: Tenants are responsible for paying rent on time each month until the expiration of their lease agreement.
• Reporting maintenance issues: Tenants must report any hazardous or maintenance issues to their landlord in a timely manner.
• Maintaining the rental unit: Tenants must keep their units clean, safe, and habitable.

Legal Help for Landlords and Tenants

Landlords and tenants who are looking for legal assistance should reference our Utah landlord-tenant page or contact one of the following available resources:

• Utah Legal Services: Provides civil legal aid to individuals who cannot afford legal representation.
• Utah Dispute Resolution: Provides low-cost mediation services to help solve landlord-tenant disputes.
• Utah Community Action Tenant Hotline: Provides rent payment assistance to tenants who have suffered financial hardship.

Avoid Lease Breaking with TurboTenant

TurboTenant provides free comprehensive property management software that can help landlords avoid broken leases by assisting with the following:

• Rental Applications: Limit your paperwork by accepting digital rental applications from prospective tenants.
• Online Lease Agreements: Make sure your lease provides all the legal coverage you’re entitled to under Utah state law.
• Repairs and Maintenance: No more late-night phone calls from tenants. Let us handle all maintenance and repair requests on your behalf.
• Accepting Rent Payments Online: Stop collecting and depositing rental checks. Allow your tenants to pay their rent online each month.

Sign up for your free TurboTenant account to simplify your responsibilities as a landlord and avoid any broken leases.

Breaking a Lease in Utah FAQs