S.B. 154

1

UTAH FIT PREMISES ACT MODIFICATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Benjamin M. McAdams
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Fit Premises Act.
10 Highlighted Provisions:
11 This bill:
12 . requires an owner to provide specified things to a prospective renter before a rental
13 agreement is entered;
14 . requires an owner to disclose information and provide materials to a renter at or
15 before the commencement of a rental agreement;
16 . provides for consequences if an owner fails to deliver possession of a residential
17 rental unit as provided in the rental agreement; and
18 . prohibits an owner from taking specified retaliatory action against a renter.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 57-22-4, as last amended by Laws of Utah 2010, Chapter 352
26 ENACTS:
27 57-22-4.1, Utah Code Annotated 1953

28 57-22-4.2, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 57-22-4 is amended to read:
32 57-22-4. Owner's duties.
33 (1) To protect the physical health and safety of the ordinary renter, an owner:
34 (a) may not rent the premises unless they are safe, sanitary, and fit for human
35 occupancy; and
36 (b) shall:
37 (i) maintain common areas of the residential rental unit in a sanitary and safe condition;
38 (ii) maintain electrical systems, plumbing, heating, and hot and cold water;
39 (iii) maintain any air conditioning system in an operable condition;
40 (iv) maintain other appliances and facilities as specifically contracted in the rental
41 agreement; and
42 (v) for buildings containing more than two residential rental units, provide and
43 maintain appropriate receptacles for garbage and other waste and arrange for its removal,
44 except to the extent that the renter and owner otherwise agree.
45 (2) Except as otherwise provided in the rental agreement, an owner shall provide the
46 renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
47 (3) Before an owner and a prospective renter enter into a rental agreement, the owner
48 shall provide the prospective renter:
49 (a) a walk through of the residential rental unit that will be the subject of the rental
50 agreement; and
51 (b) a written inventory of the condition of the residential rental unit.
52 (4) At or before the commencement of the rental term under a rental agreement, an
53 owner shall:
54 (a) disclose in writing to the renter:
55 (i) the owner's name, address, and telephone number;
56 (ii) the name, address, and telephone number of any person authorized to manage the
57 residential rental unit; and
58 (iii) the name, address, and telephone number of any person authorized to act for and

59 on behalf of the owner for purposes of receiving notice under this chapter or performing the
60 owner's duties under this chapter or under the rental agreement; and
61 (b) provide the renter:
62 (i) a written summary of this chapter;
63 (ii) an executed copy of the rental agreement, if the rental agreement is a written
64 agreement; and
65 (iii) a copy of any rules and regulations applicable to the residential rental unit.
66 Section 2. Section 57-22-4.1 is enacted to read:
67 57-22-4.1. Failure to deliver possession of residential rental unit -- Renter's option
68 to terminate rental agreement -- Abatement of rent.
69 (1) If an owner fails to deliver possession of a residential rental unit as provided in the
70 rental agreement:
71 (a) the renter may, by written notice to the owner, terminate the rental agreement; or
72 (b) if the renter chooses not to terminate the rental agreement, rent abates until the
73 owner delivers possession as provided in the rental agreement.
74 (2) If a renter terminates a rental agreement under Subsection (1)(a), the owner shall
75 immediately return to the renter all prepaid rent and any security deposit.
76 Section 3. Section 57-22-4.2 is enacted to read:
77 57-22-4.2. Prohibited retaliatory action by owner -- Limitation.
78 (1) An owner may not bring or threaten to bring an eviction or other civil action, or
79 take or threaten to take any other action, against a renter in retaliation based primarily on a
80 renter:
81 (a) organizing or joining a renters' union or similar organization;
82 (b) expressing an intention to complain or complaining to a governmental entity about
83 a matter relating to the renter's residential rental unit;
84 (c) making a complaint in good faith to the owner or the owner's agent;
85 (d) filing or expressing an intention to file a lawsuit or administrative action against the
86 owner;
87 (e) testifying in a judicial or administrative proceeding or before a public body; or
88 (f) exercising any other right or remedy provided by law.
89 (2) Subsection (1) may not be construed to prohibit an owner from:

90 (a) evicting a renter as provided elsewhere in this chapter; or
91 (b) exercising a right the owner has under other applicable law.




Legislative Review Note
as of 2-2-11 1:04 PM

Office of Legislative Research and General Counsel