A Utah sublease agreement is a formal, written agreement between someone renting a property (the original tenant) and someone who wants to rent part or all of that property (the “subtenant”). While this deal doesn’t directly involve the landlord, they should still be informed if you plan to sublease your rental unit.
When subletting a property in Utah, the original tenant remains responsible for the payment of rent, property damage, or any other breaches of the terms of the original lease agreement by the subtenant.
Keep reading for our steps on how to write a Utah sublease agreement and learn about the legal requirements for a Utah sublease agreement to complete your own. To save time and ensure everything is filled out correctly, we recommend using our free Utah sublease agreement builder.
How to Write a Utah Sublease Agreement
- Select the type of property you’re subleasing — Usually a house, apartment, condo, or townhouse.
- List the names of all current tenants — Including those not listed on the original lease.
- List the names of all prospective subtenants — If it’s a family unit, include the names of all members.
- Attach a copy of the original lease — Make sure this lease includes the name and current address of the landlord.
- List the address of the property you’re planning to sublet.
- List the address where you’d like the subtenant to send rent payments and notices — If the original tenant is still living on the property, then use the address of that property. If they live elsewhere, use either their new mailing address, office address, or a P.O. box they use to collect mail.
- Include the start and end dates of the lease — This ensures that the sublease doesn’t last longer than the original lease (which isn’t legally allowed).
- Add any additional information about the property — It’s important for the subtenant to know whether there are restrictions on smoking or pet ownership, “quiet hours,” or designated parking spots. Also include information about what the subtenant does (or doesn’t) have access to as part of the sublease, such as garage space, the kitchen, laundry, or communal amenities.
- List the amount of rent due — Both the total and the amount the subtenant will owe each month. If you’re splitting utilities with the subtenant, highlight these costs out as well. Make sure the sublease agreement also includes a rent due date, rent grace period, and the penalties or late fees you’ll charge if a rent or utility payment is late.
- Sign the sublease — Formally complete the sublease by signing and dating the document (both the original tenant and subtenant must each sign).
Utah Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Utah. Once you’ve filled out the Utah sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Utah laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Utah Landlord-Tenant Laws: Title 57 of the Code of Utah
In Utah, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide fifteen days (15) written notice of your intent to not renew the sublease and/or original lease
Utah Sublease FAQs
Is subletting allowed under Utah law?
Under the Utah Tenant’s Rights Act, sublets are neither explicitly permitted nor prohibited. However, if the original lease clearly forbids subletting, the tenant is only able to sublease if the landlord changes their mind and provides written consent that they’re okay with it.
If a lease expressly allows subletting or doesn’t mention it, subletting is generally permitted. Just be sure to ask the landlord first to avoid potential issues with them.
Can a tenant sublet a rented property in Utah without permission from the landlord?
A tenant should always get written approval from their landlord before they sublet a property. In most cases, the original lease contains a clause that highlights the landlord’s stance on subleasing.
Generally, it’s a good idea for a tenant to send a copy of the sublease agreement draft by certified mail, along with a brief explanation of why they would like to sublet. If the lease allows the tenant to sublet (with permission), the landlord must respond within 30 days. Failing to respond is deemed consent from the landlord.
Can a landlord reject a subtenant?
A landlord can only refuse a subtenant for a few non-discriminatory reasons. These are generally financial in nature. For instance:
- Tenants who have no proof of current income or employment;
- Tenants with certain criminal convictions (e.g. a convicted sex offender seeking to sublease a property near a school);
- Tenants who have been evicted or foreclosed in the past
- Tenants who intend to use the property in an illegal or restricted manner, or in a way that’s not compatible with other tenants’ use of the property.
If a landlord rejects a tenant for an unspecified reason or a reason that’s not on this list, it’s usually considered an unreasonable rejection under Utah law. The tenant may sue to allow the sublease to proceed, although this can burn bridges with the landlord.
How can an original tenant evict a subtenant?
To evict a subtenant for a breach of the lease or sublease agreement, a tenant must follow the same process set out for a landlord to evict a tenant. In some cases the landlord may evict the subtenant directly, but depending on the damages, you (as the original tenant) may prefer to handle these proceedings yourself.