A Utah rental application is a document landlords and property managers utilize to screen potential tenants, ensuring they are reliable and can pay rent on time. Landlords can use this form to identify any red flags, such as bad credit, background check issues, and employment gaps, to find qualified tenants ultimately.
Laws
- Application Fee – Non-refundable
- Fee Limits – No limits
- Security Deposit – No security deposit limit is provided by Utah law (no statute).
State Laws
For Landlords
Income Source
A landlord can ask questions to verify employment or other sources of income.
However, a landlord cannot use the information on an application to discriminate based on the source of income (such as local, state, or federal assistance).
Applications can ask for the amount and source of income.
Number of Tenants
A landlord can limit the number of people living in a rental property. However, they can’t use this to refuse rental units to families.
Utah Code § 10-9a-505.5 prevents excessive limits set by local governments. (Minimum limit is three in university towns and cities and four in all other communities.)
State Sex Offender Registry – Allows landlords to access information about registered sex offenders to make informed decisions during tenant screening.
For Tenants
Application Fees
- There is no limit on fees. However, landlords typically keep the fees reasonable to remain competitive and in line with the cost of processing the rental application.
- A landlord cannot charge an application fee for a unit with no vacancy in the near future.
- Before accepting the application fee, landlords and property managers must provide in writing an estimate of the rent amount and the amount of each fixed, non-rent expense that is part of the rental agreement [1] .
Security and Pet Deposits
Landlords may collect a security deposit but must return any refundable deposit to the tenant once the tenancy ends. Security deposits are refundable unless the landlord deems them ‘non-refundable’ in writing to the tenant when the landlord obtains the deposit [2] .
There are no state laws governing pet deposits.
Timeframe to File Complaint
The Utah Anti-discrimination and Labor Division (UALD) investigates rental discrimination complaints.
Utah Code § 57-21-1 to 57-21-14 forbids discrimination based on race, color, national origin, disability, religion, source of income, sex (sexual orientation and gender identity), or familial status.
Applicants have one year to file a discrimination complaint.
Investigation Process
The UALD investigates complaints filed within 180 days after the incident but passes complaints made between 181 to 365 days to the Department of Housing and Urban Development (HUD).
Rental applicants have two years to take their complaints directly to court.