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7 LONG TITLE
8 General Description:
9 This bill amends and enacts provisions related to rental units.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires an owner to make certain disclosures to an applicant for a rental unit before
13 the owner accepts a rental application from the applicant; and
14 ▸ prohibits an owner from charging an application fee or accepting a rental deposit
15 from an applicant before the owner makes the required disclosures.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 57-22-2, as enacted by Laws of Utah 1990, Chapter 314
23 ENACTS:
24 57-22-4.2, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 57-22-2 is amended to read:
28 57-22-2. Definitions.
29 As used in this chapter:
30 (1) "Owner" means the owner, lessor, or sublessor of a residential rental unit. A
31 managing agent, leasing agent, or resident manager is considered an owner for purposes of
32 notice and other communication required or allowed under this chapter unless the agent or
33 manager specifies otherwise in writing in the rental agreement.
34 (2) "Rental agreement" means any agreement, written or oral, which establishes or
35 modifies the terms, conditions, rules, or any other provisions regarding the use and occupancy
36 of a residential rental unit.
37 (3) "Rental applicant" means an individual who submits a rental application.
38 (4) "Rental application" means an application required by an owner as a prerequisite to
39 the owner entering into a rental agreement for a residential rental unit.
40 [
41 residential rental unit to the exclusion of others.
42 [
43 includes the appurtenances, grounds, and facilities held out for the use of the residential renter
44 generally, and any other area or facility provided to the renter in the rental agreement. It does
45 not include facilities contained in a boarding or rooming house or similar facility, mobile home
46 lot, or recreational property rented on an occasional basis.
47 Section 2. Section 57-22-4.2 is enacted to read:
48 57-22-4.2. Owner disclosure before accepting a rental application --- Owner may
49 not charge an application fee or accept a rental deposit before making disclosure.
50 (1) An owner shall disclose to a rental applicant, before the owner accepts a rental
51 application from the rental applicant, any material criteria established by the owner to enter
52 into a rental agreement for the residential rental unit, including:
53 (a) minimum renter financial criteria;
54 (b) any restriction on a renter's use of the unit; and
55 (c) any restriction related to a renter's criminal history.
56 (2) An owner may not charge a rental applicant an application fee, or accept from a
57 rental applicant a rental deposit, before the owner complies with the disclosure requirement
58 described in Subsection (1).
Legislative Review Note
Office of Legislative Research and General Counsel