Utah landlords and property managers use a Rental Application to vet prospective tenants to determine if they will be reliable tenants who can pay rent on time.
Standard rental applications in Utah allow landlords to spot any red flags, including bad credit, issues arising during background checks, and employment gaps.
Use the Rental Application for Utah to find qualified tenants for your Utah Lease Agreements.
- Rental Application in Utah Information for Landlords
- Utah Rental Application Information for Tenants
- Federal Law and Utah Rental Applications
- Authorization for Background Check
- How to Conduct an Eviction Records Search
- Utah Rental Application Statistic/Specifics
- Other Resources for Landlords
- How to Write a Rental Application
- Sample Utah Rental Application Form
Rental Application in Utah Information 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 has the right to limit the number of people living in a rental property. However, they can’t use this as a basis 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.)
Utah Rental Application Information for Tenants
Application Fees
- There is no limit on Utah rental application 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. (Utah Code § 57-22-4).
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.
There are no state laws governing pet deposits in Utah.
Timeframe to File Complaint
The Utah Antidiscrimination and Labor Division (UALD) investigates rental discrimination complaints.
The Utah Fair Housing Act (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.
Federal Law and Utah Rental Applications
Fair Housing Laws
The Federal Fair Housing Act prohibits discrimination based on the following protected classes:
- Familial status
- Disability
- National origin
- Sex (gender identity and sexual orientation)
- Race or color
- Religion
Screening Tenants
Landlords must use objective criteria that don’t discriminate against protected classes. Landlords can evaluate tenants based on their ability to pay rent.
The Fair Housing Act affects what landlords can ask on Utah Rental Application forms.
FCRA
The Fair Credit Reporting Act (FCRA) protects rental applicants by placing boundaries around landlord credit inquiries.
Landlords have the following responsibilities.
Provide Notice
Give oral, written, or electronic notice of actions taken after reviewing credit report or history.
Landlords are not required to return Utah rental application fees after legally denying a tenant’s application.
Give Consumer Report Details
Include contact and reporting agency information.
A landlord must specify the credit information used to deny the application.
This might include a decision based on the overall credit score.
Give Copy and Allow Applicant to Dispute
Along with a credit report copy, allow the applicant to dispute the accuracy.
Authorization for Background Check
After gaining the applicant’s consent, landlords can request background checks and other screening regarding the following:
- Credit history
- Criminal history/sex offender status
- History of evictions (if any)
- Proof of income (cannot discriminate on the source)
- Employer contact information
Some landlords incorporate background check authorization into their rental applications.
You can use our separate background check authorization form to obtain permission to conduct credit, eviction, and criminal history searches, as part of the rental application process.
How to Conduct an Eviction Records Search
- Complete an application for the XChange court document access system
- Login to XChange upon the Administrative Office of the Court’s approval
- Pay an initial fee of $25
- Pay a $40 subscriber fee
- Conduct your eviction records search
If you decide to decline an application based on the results of a background check or eviction records search, send a rental application rejection letter to explain why.
Utah Rental Application Statistic/Specifics
There are, on average, 300 discrimination calls annually from Salt Lake City, Utah residents to the Disability Law Center.
More than 90% of housing discrimination in the U.S. occurred during the rental application process.
Utah landlord-tenant laws place certain responsibilities on landlords and rental property managers when screening prospective tenants. These rules protect prospective tenants’ rights during the application process.
Other Resources for Landlords
How to Write a Rental Application
Follow the steps below to write a rental application in Utah.
Step 1 – Fill in Property Address Information
Write the date of the rental application and the address of the rental property.
Step 2 – Collect Basic Rental Applicant Information
This section provides the applicant(s) basic identifying information about themselves.
Step 3 – Collect Applicant’s Residence History
In this section, the applicant(s) provides their residence history including addresses, dates of residency, and reasons for moving.
Step 4 – Gather Applicant’s Employment History
This section is for the applicant(s) to provide current and previous employment information and other sources of income.
Step 5 – Gather Applicant’s Financial History
This section is for the applicant(s) to provide bank account and credit card information.
Step 6 – Collect References
The applicant(s) provides personal references’ names and contact information in this section.
Step 7 – Additional Questions and Verification
This section contains additional questions to determine more information about the applicant such as smoking or pets.
Sample Utah Rental Application Form
Below, find a standard Utah rental application. You can also follow the instructions to download a free rental application form.