Utah Residential Rental Agreement
DEPOSITRECEIPT
RECEIVED fromTENANT(S)named below, the sumof$ DOLLARS in the formof(cash, cashier’s check, other): , as a depositwhich,upon acceptance of this lease bythe LANDLORD,will be applied as follows:
TotalReceivedPayable Prior
ToOccupancy Rent for the period from to ...... $ $ $ SecurityDeposit ...... $ $ $ Other ...... $ $ $ TOTAL ...... $ $ $
The total depositreceived shall be refunded ifthis lease is notaccepted bythe LANDLORD within days.
1.PARTIES:
LANDLORDTENANT(S)
2. PROPERTY ADDRESS
3.TERM: This agreement shallcommence on the date of and continue (checkone itemonly):☐on a month-to-month basis,OR, ☐untilthe date of .
4.RENT: TENANT shall payLANDLORD or his designated agent the sumof $per month in advance,on or before thefirst dayof each calendar month.The TENANT shall paythe rentand deliver notices to the LANDLORD atthe following address:
.The LANDLORD or his designated agentmustbe in actual
receiptof the rentin order to complywith this agreement.
5.SECURITY DEPOSIT: Prior to occupancy, TENANT shall deposit the sumof $with LANDLORD,as a securitydeposit to secure TENANT’S faithful performance of theterms of this agreement. Ofthis deposit, $ shall be refundable,and $ shall be non-refundable. TENANT shall NOT have the right to applythe securitydepositfor paymentof lastmonth’s rent.Within 30 days after all TENANTS have vacated,or within 15 days after receiptof the TENANT’S new mailing
address (extendedto30 days ifthere is damage tothe rented premises),whichever is later,the LANDLORD shall either return the refundable depositor provide a written notice explaining whythe deposit is being retained pursuant to UTAH CODEANN. § 57-17-1 through -3.LANDLORD mayuse the security depositfor cleaning the premises,for anyunusual wear and teartothe premises or common areas,and for anyrentor other sums owed pursuant tothis lease agreement.
6. OTHER FEES:(specify,i.e.utilityhook-up fee,pet,etc.and whether or notrefundable)
.
7.INITIALPAYMENT:The initial paymentof rent, deposits and fees,as per the DepositReceiptabove, shall be made in the formof cash or certified funds,and is all due prior to occupancy.
8.UTILITIES: TENANT shall payfor all utilities and/or services supplied tothe premises with the following exceptions: .
9.LATE FEES & BAD CHECKS: Inthe event that rentis notpaid within four (4) days after the due date, TENANT shall paya late fee of 8% of themonthlyrentamountpursuant to paragraph 4.IfLANDLORD issues a Notice for non-paymentof rent, TENANT must thereaftertender all payments via cash or certified funds only.Inthe eventof a dishonored rentcheck, TENANT must thereaftertender onlycash or certified funds for all future payments.In addition,TENANT shall paya fee of $20.00 for each dishonored check.
10.ACCOUNTINGMETHOD: All payments received byLANDLORD will be applied first toward anylate fees and/or other additional charges, thentoward rent.
11.USE & OCCUPANTS:The premises are rented for residential use only, and shall be occupied bythe undersigned adults and children.IfLANDLORD,with written consent, authorizes additional persons tooccupythe premises, the rentshall be increased by$100 per month for each additional person. OccupancybyTENANT’S guests staying over 7 days withoutLANDLORD’S written consent, shall be in violation of this agreementand the rentshall be immediatelyincreased by$100 per month for each additional person.
12.INVENTORY:The following furnishings,fixtures and inventoryare partof this lease agreement:
.
13.PARKING:TENANT is ☐is not☐(checkone) assigned a parking space.Ifassigned a parking space it shall be designated as space # .TENANT shall notassign,subletor otherwise allow anyother person touse this parking space.Onlypassenger vehicles thatare currentlyoperational, currentlyregistered in the TENANT’S name in the Stateof Utah,and notleaking anysubstance,maybe parked on the premises.No other vehicle or itemmaybe stored in this parking space without the prior written consentof the LANDLORD.TENANT maynotwash,make repairs or paintin this space or any other place on the premises.
14.SUBLETTING ORASSIGNING: TENANT shall notassign or sublet the premises,or anypartthereof, without the prior written consentof the LANDLORD.
15.CONDITION OF PREMISES: TENANT acknowledges that the premises have been inspected, including floor and window coverings,appliances,paint, fixtures and appurtenances,and TENANT has
found themto be clean and in complete working order,exceptas otherwise noted here:
TENANT promises tomaintain the premises in a clean,safe and
sanitarymanner,and to return the premises in a condition identical tothat which existed when TENANT tookoccupancy, excepting normal wear and tear.TENANT shall immediatelyreimburse LANDLORD for anysums necessarytorepair or replace anyitem, fixture or appurtenance in or around the premises thatneeds service due tothemisuse or negligence of TENANT or TENANT’S guests or other occupants. TENANT shall be responsible for the cleaning or repair to anyplumbing fixture where a stoppage occurs during TENANT’S occupancy.TENANT shall be responsible for repair or replacementof the garbage disposal where the cause is a resultof bones,grease,pits, or anyother itemwhich normallycauses blockage of the mechanism. TENANT shall be responsible for anydamage done byrain,wind,hail or other peril,if such damage is caused byleaving windows open,allowing overflow of water and/or sewer pipes,for broken windows or doors, torn screens,or anyother damage caused while TENANT has possession of the premises.LANDLORD shall deliver possession of the premises with all lightbulbs working and of correct wattage, thereafter replacementof lightbulbs will be the responsibilityand expense of TENANT.
16.ALTERATIONS:TENANT shall make no alterations additions or improvements tothe premises, including butnotlimitedto installing antennas,satellite dishes,lighting fixtures, dishwashers,washing machines,dryers or other items without the prior written authorization of LANDLORD.TENANT shall not change or install locks,paintor wallpaper in the premises without the LANDLORD’S prior written consent. TENANT shall notdisplayanysigns,posters or advertisements in a window or other place on the premises. TENANT shall notstore anyitemor objecton the propertyoutside of the unitor on a balcony.TENANT
shall notuse a balconyas a clothes line.TENANT shall notremove LANDLORD’S fixtures or furnishings fromthe premises for anypurpose.TENANT shall indemnifyLANDLORD fromanyliens arising outof any workperformed,materials supplied or obligations incurred byTENANT.
17.NOISE& NUISANCE:TENANT and TENANT’S family, guests and invitees shall notdisturb,harass, annoy, imperil or otherwise interfere with the peaceful enjoymentof other tenants in the building,the neighbors, the LANDLORD,his agents or workmen.Nor shall TENANT or TENANT’S family, guests and inviteesviolate anylaw,ordinance,or health code,or commit or permit waste or nuisance in or aboutthe premises.
18.HOUSE RULES:TENANT and TENANT’S family, guests and invitees shall abide byall written house, pool,laundryand other rules which are herebyincorporated byreference and forma partof this agreement.
19.PETS: No dog,cat, bird,rodent, reptile or other petor animal of anykind maybe broughton the premises byTENANT or TENANT’S family, guests and invitees, EVEN TEMPORARILY, without the prior written consentof the LANDLORD.LANDLORD maycharge and collect$10.00 per dayper violation in addition to actual damages caused bythe animal,and TENANT will be subject to forfeiture of this lease.
20.LANDLORD’S RIGHTOF ENTRY & INSPECTION: The LANDLORD and/or his agents mayenter the premises during normal business hours and upon reasonable advance notice of atleast24 hours to TENANT,for the purpose of inspection or repair of the premises,or toshow the premises toprospective tenants, purchasers,lenders,appraisers,insurance agents,or other productor service providers.Incase of an emergency, no notice need be given.TENANT shall notunreasonablydenyaccess to, or withhold consent toenter the premises.
21.REPAIRSBY LANDLORD: Exceptin an emergencysituation,TENANT shall notifythe LANDLORD in writing of all requests for service and repairs.The LANDLORD shall actwith reasonable diligence in making repairs that are the responsibilityof LANDLORD.Rentshall notabate,and TENANT maynot withhold rentduring such period necessarytoeffectLANDLORD’S repairs.Pursuant toUTAH CODEANN.§
57-22-6, LANDLORD mayrefuse tocorrector remedyanycondition caused bythe TENANT or the TENANT’S family, guests or invitees byinappropriate use or misuse of the propertyduring the rental term or anyextension of it. In addition,LANDLORD mayrefuse to correct the condition of the premises and terminatethis lease ifthe premises are unfitfor occupancy, and shall notifyTENANT of this decision in writing within a reasonable time after receiptof TENANT’s notice of noncompliance,in which case the rent shall be prorated and the balance refunded along with anydepositdue after lawful deductions.
22.SECURITY NOT PROMISED:Notwithstanding whatever measures LANDLORD maytaketomaintain or improve the securityof the premises, the parties herebyexpresslyacknowledge that the premises are not to be considered a securitybuilding which would subjectLANDLORD toa higher degree of care.
23.TENANT’S INSURANCE: TENANT is admonished tosecure a personal propertyinsurance policyto cover anylosses sustained toTENANT’S personal belongings or vehicle.It is herebyacknowledged that LANDLORD does notmaintain insurance tocover losses toTENANT’S personal propertywhich maybe caused bytheft, vandalism, fire,rain,water overflow/leakage,acts of God,or anyother causes.It is hereby acknowledged that LANDLORD bears no liabilityfor such occurrences.TENANT’S omission tomaintain such a policyshall constitutea complete waiver of anyright that mayexistin TENANT to seekdamages againstLANDLORD for losses toTENANT’S personal property.
24.WATERBEDS & LIQUID-FILLEDFURNITURE:(checkone) ☐No liquid-filled furnituremaybe kepton the premises,or☐TENANT maypossess a waterbed if TENANT maintains waterbed insurance with coverage of $100,000.00 or more.TENANT mustfurnish LANDLORD with proof of said insurance PRIORto installing anyliquid-filled furniture in the premises.
25.TERMINATIONOF LEASE: Ifthis lease is based on a fixed term, pursuant to paragraph 3 above,this agreementwill automaticallycontinue on a month-to-month basis unless written notice of termination is given byeither partyatleast30 days before the end of the initial fixed term. Ifthis lease is based on or becomes a month-to-month tenancy, (a) TENANT shall provide written notice of termination atleast30
days before the end of themonth or rental period,and (b) LANDLORD shall provide statutorynotice of 15 days or more prior tothe end of the rental period pursuant toUTAH CODEANN.§78-36-3(1953).
26.ABANDONMENT:Pursuant to UTAH CODEANN.§78B-6-815(2008),abandonmentshall be presumed in either of the following two situations:(1) The TENANT fails to payrentwithin 15 days after the due date, TENANT fails to notifythe LANDLORD that TENANT will be absentfromthe premises,and there is no reasonable evidence that TENANT is occupying the premises other thanthe presence of TENANT’S personal property.OR:(2) The renthas been due and unpaid for 1 dayor more,TENANT fails to notifythe LANDLORD that TENANT will be absentfromthe premises,TENANT’s personal propertyhas been removed fromthe premises,and there is no reasonable evidence that TENANT is occupying the premises. In the eventof an abandonmentas above described,LANDLORD will retake the premises and endeavor to re-rent themata fair marketvalue for TENANT’S benefit.TENANT will remain liable for all rents and other sums due under this lease throughthe remainder of the lease term, or,until the premises are re-rented including all costs incurred toadvertise,restore and re-rent the premises.LANDLORD will remove and
store for 30 days anypersonal propertyleftbyTENANT,after which time it will be sold or donated to charity unless TENANT pays the actual moving and storage costs within such 30 dayperiod,as per the procedure enumerated in UTAH CODEANN.§78B-6-816(2008).
27.WAIVER: IfLANDLORD fails toexercise anyrightunder this agreement, or fails todemand strict compliance with itsterms, or accepts partial compliance,such failure or acceptance of partial compliance shall notbe deemed a waiver of anysuch rights or terms or right to full compliance.LANDLORD’S acceptance of rentwith theknowledge that TENANT is in defaultas to anyother terms of the lease shall not be deemed a waiver of anysuch default.
28.POSSESSION: Inthe event that LANDLORD is unable to deliver possession on the agreed date, either partymayterminatethis agreementupon written notice tothe other partyat their lastknown address. It is agreed that neither partyshall have liabilitytothe other,exceptLANDLORD shall immediatelyrefund to TENANT all sums previouslypaid.
29.ATTORNEY FEES: Inthe event that legal action is undertaken byanypartyto enforce theterms of
this lease or torecover possession of the premises, the prevailing partyshall be entitledtorecover fromthe other partyall costs incurred in connection with such action,including reasonable attorneyfees and collection costs,with or withoutsuit.
30.NOTICES: All notices required or given pursuant tothis lease shall be in writing and served in accordance with state law.Where notice requirements are notspelled outbylaw,notices shall be sentvia firstclass mail tothe TENANT at the address of these premises, toLANDLORD at the address for payment of rent, or byhand deliveryto anyparty.
31.SEVERABILITY: Should anyprovision of this lease be held to be invalid or unenforceable,the remainder of the lease shall notbe affected thereby.
32.RENT INCREASE: LANDLORD reserves the right toincrease the renton the subjectpremises during the initial termof this lease bya maximumof 10% upon 30 days written notice,if required as a resultof an increase in utilities,insurance, taxes, or other operating expenses.
33.ADDITIONAL RENT:All sums owed under this Agreementshall be deemed additional rent.
34.TIME: Time isof the essence in this agreement.
35.LANDLORD’S DISCLOSURE REGARDINGTOBACCOSMOKE: (checkone) ☐Smoking is absolutelyforbidden in or around these premises,or, ☐Smoking is allowed in other units, and tobacco smoke fromthose units maydriftinto the unit that is the subjectof this Agreement.
TENANT’S ACKNOWLEDGMENT:Bysigning below,TENANT acknowledges having been informed that tobacco smoke maydriftinto the unit that is the subjectof this Agreement.TENANT herebywaives anyright toa cause of action for nuisance under UTAH CODEANN. § 78B-6-1106 (2008).
36.LEADWARNING STATEMENT: Housing builtbefore 1978 maycontain lead-based paint.Lead from paint, paintchips and dustcan pose health hazards if notmanaged properly.Lead exposure is especially harmfultoyoung children and pregnantwomen.Before renting pre-1978 housing,LANDLORDS must disclose the presence of known lead-based paintand/or lead-based painthazards in the dwelling. TENANTS mustalso receive a federallyapproved pamphleton lead poisoning prevention.
LANDLORD’S DISCLOSURE:(initial where applicable if the premises were builtbefore 1978)
LANDLORD has no knowledge of lead-based paintor lead-based painthazards in the premises. LANDLORD has no reports or records pertaining tolead-based paintand/or lead-based painthazards in the premises.
LANDLORD has knowledge of lead-based paintand/or lead-based painthazards presentin the premises,and herebyattaches all available records and reports pertaining tosame.
TENANT’S ACKNOWLEDGMENT:(initial where applicable if the premises were builtbefore 1978)
TENANT has received the pamphletProtectYour Family FromLead InYour Home.
TENANT has received copies of all records and reports attached hereto.
TENANT agrees to promptlyinformLANDLORD in writing of anydeteriorated and/or peeling paintin the premises.
37. ADDITIONALTERMS & CONDITIONS:
38.JOINTRESPONSIBILITY: TENANTandeachco-signer and/orguarantorexpresslyunderstands and agrees that each will be both jointlyand individuallyresponsible for the faithful fulfillmentof theterms of this lease agreement.Bysigning this lease,each co-signer and/or guarantor has a rightof possession as a TENANT of the premises,and shall be named parties in anyaction necessaryto enforce this lease.
39.ENTIREAGREEMENT: The above stated agreement, including anyattachments incorporated by reference,constitutethe complete and final agreementof LANDLORD and TENANT and supersedesany prior oral or written representations or understandings.Moreover,TENANT has been admonished toseek legal advice prior to entering into this agreementand TENANT has waived such counsel.TENANT acknowledges having relied solelyon TENANT’S own judgmentin entering into this agreement.
DATED LANDLORD/AGENT DATED TENANT DATED TENANT DATED TENANT DATED TENANT