Quick Reference: Utah Disclosure and Fee Rules at a Glance

A Salt Lake City leasing team takes a $45 application fee from a prospective renter after providing the required written disclosure. The applicant later receives a proposed lease containing a use-based utility charge that was not in the earlier disclosure. Before signing or taking possession, the applicant makes a written demand for the money paid.

That is precisely the situation § 57-22-4(3) and (4) are built for, and the outcome is fixed by statute: the owner shall return all money the prospective renter paid the owner within five business days after receiving the demand.

The framework has two halves. Under § 57-22-4(3)(a), "Before an owner accepts an application fee or any other payment from a prospective renter, the owner shall disclose in writing to the prospective renter" a defined list of items. And under § 57-22-4(5), the owner may not then charge more than the agreed amount, or charge anything not in the agreement, subject to a narrow month-to-month exception.

Utah does not impose a general dollar cap on most rental fees in § 57-22-4. Instead, the statute regulates disclosure, the amount agreed to in the rental agreement, and when certain charges may be added later. The compliance work therefore happens at the top of the funnel, before a single dollar changes hands.

Step 1: The Timing Is the Whole Rule

Most fee-disclosure regimes attach at lease signing. Utah's attaches earlier.

• The trigger is accepting money. An application fee, a holding deposit, a screening charge — each is a payment from a prospective renter, and each engages the disclosure obligation before it is taken.

• Three practical consequences.

• Your application flow, not your lease, is the compliance surface. If an applicant can reach a payment screen without having received the disclosure, the process is out of order regardless of what the lease later says.

• The disclosure must be in writing. The statute says "disclose in writing."

• And the disclosure precedes screening. Because the eligibility criteria are among the required contents, you are telling applicants what you will screen on before they pay to be screened.

Because the obligation attaches at the first payment and the content is prescribed, the leasing workflow has to gate the payment step behind the disclosure step. Building that as an ordered, dated sequence through workflow customization is what makes the timing provable rather than assumed.

Step 2: The Five Categories You Must Disclose

One, a good faith estimate of the rent amount and any fixed, non-rent expenses that are part of the rental agreement. These are recurring charges that do not vary with use: a flat amenity fee, a fixed pest control charge, a parking charge.

Two, the types of use-based, non-rent expenses included in the rental agreement. These vary with consumption or behaviour: utility allocations, submetered charges, per-use amenity charges. Note the wording is types, which is what makes this disclosable before actual amounts are knowable.

Three, the date on which the residential rental unit is scheduled to be available.

Four, the criteria used to determine the prospective renter's eligibility, such as criminal history, credit, income, employment or rental history. This is a screening-criteria disclosure sitting inside a fee-disclosure provision, and it belongs in your application pack.

Five, the requirements and process for recovering money paid, as described in Subsection (4).

That fifth item is not a general refund policy. It is a pointer to the specific statutory mechanism set out next, and describing it accurately requires knowing what that mechanism actually does.

Step 3: The Subsection (4) Demand, and Its Four Conditions

This is the provision most often described too broadly. It is a narrow, fast mechanism with precise conditions.

The trigger. Under § 57-22-4(4)(a)(i), the mechanism engages where an amount the owner provides in the good-faith estimate described in Subsection (3) is different than the amount in the rental agreement, or the rental agreement includes a type of use-based, non-rent expense that was not disclosed under Subsection (3).

The conditions. Under (4)(a)(ii), the prospective renter must:

• Make the written demand within five business days after the day on which the prospective renter receives the rental agreement; and

• At the time of the demand, not have signed the rental agreement or taken possession of the residential rental unit.

The consequence. Under (4)(b), the owner shall return all money the prospective renter paid the owner within five business days after the day on which the owner receives the written demand.

Three points a manager should internalise.

• It is not a general cancellation or refund right. An applicant who signs, moves in and complains three weeks later is outside this mechanism entirely. The conditions are cumulative.

• But it is fast and total. "All money the prospective renter paid the owner," within five business days.

• And it is triggered by a mismatch between your disclosure and your lease. The cleanest defence is that the two documents agree. Holding the disclosure version and the executed agreement together on the tenancy record through contracts and renewals is what lets you demonstrate that.

Step 4: The Charge Restrictions in Subsection (5)

Section 57-22-4(5) restricts charges in three distinct ways.

Late fees are capped. An owner may not charge a late fee that exceeds the greater of 10% of the rent agreed to in the rental agreement, or $75.

Note the direction. It is greater of, so the cap rises with rent. On $600 rent, 10% is $60, so the cap is $75. On $1,000 rent, the cap is $100. On $2,000 rent, $200.

Charges cannot exceed the agreed amount. Under (5)(b)(i), an owner may not charge a fee, fine, assessment, interest, or other cost in an amount greater than the amount agreed to in the rental agreement.

And charges not in the agreement are barred, with one exception. Under (5)(b)(ii), an owner may not charge one that is not included in the rental agreement, unless (A) the rental agreement is on a month-to-month basis; and (B) the owner provides the renter a 15-day notice of the charge.

That exception is important and narrow. The rental agreement is the primary reference point for the charge restriction, subject to the statute's month-to-month exception for certain later-added charges after 15 days' notice. For a fixed-term agreement, the charge should be stated in the rental agreement.

As a compliance practice, managers should identify chargeable items clearly in the rental agreement rather than relying heavily on broad catch-all language.

On grace periods, Utah imposes none by statute. A grace period exists only if the lease provides one.

And on eviction. Utah's unlawful detainer statute at § 78B-6-802(1)(c) addresses default in payment of rent or other amounts due. Whether a particular fee is legally enforceable and properly included in a nonpayment notice depends on the rental agreement and the applicable statutory requirements, including the § 57-22-4(5) restrictions. The notice framework is set out in our guide to the Utah eviction process.

Because the late fee cap is a formula tied to the agreed rent, it varies per unit and moves whenever rent changes. Deriving it from current rent rather than a fixed schedule, and holding charges against the period they belong to through collecting rent and payments, is what keeps a portfolio inside the cap after a rent review.

Step 5: The Provision That Limits the Renter's Response

Section 57-22-4(9) is a significant qualifier and it runs in the owner's favour.

A renter may not use an owner's failure to comply with a requirement of Subsection (2), (3), (4), (5), (6), or (7) as a basis to excuse the renter's compliance with a rental agreement, or as a cause of action.

Read the list. It covers the entry notice, the pre-tenancy disclosure, the reimbursement mechanism, the charge restrictions, the move-in condition documentation and the subsection (7) requirements. It does not cover the subsection (1) habitability duties.

Two consequences. A disclosure failure is not a defence to nonpayment, and it does not create a standalone renter cause of action under this section. But the subsection (4) reimbursement mechanism operates on its own terms, and the subsection (5) restrictions still limit what you may lawfully charge.

That combination makes the disclosure and charge provisions particularly important to a leasing workflow: the exposure is on the money you can collect, not on a broad damages claim.

Step 6: Move-In Condition and Other Pre-Tenancy Items

Under § 57-22-4(6), before an owner and a prospective renter enter into a rental agreement, the owner shall do one of the following:

• Provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear;

• Furnish the renter a form to document the condition of the unit and allow the resident a reasonable time after occupancy to complete and return it; or

• Provide the prospective renter an opportunity to conduct a walk-through inspection.

Three alternatives, and the owner chooses. That flexibility is worth knowing, because a firm without a formal inventory process can comply through the form route or the walk-through route.

Section 57-22-4(7) contains further requirements to be provided at or before commencement of the rental term, including owner and manager information and the applicable agreement and rules. Read the subsection directly, since its contents interact with the § 57-22-2 provision treating a managing agent as an owner for notice purposes.

And a conditional disclosure sits outside the chapter. Under § 57-27-201, where an owner has actual knowledge that the property is currently contaminated from the use, storage or manufacture of methamphetamine, the owner must disclose that in the lease.

Federal law adds one more. Landlords in every state must follow the federal lead-based paint disclosure rules for pre-1978 housing.

Because the move-in documentation route you choose determines what evidence exists at move-out, that choice should be a firm-wide decision rather than a per-property improvisation. Capturing whichever route you use as a dated record through move-in and move-out management is what makes it usable later.

Step 7: What This Article Does Not Cover

Habitability, entry and repair. The § 57-22-4(1) habitability duties, the § 57-22-4(2) 24-hour entry notice, and the three-calendar-day and ten-calendar-day corrective periods plus the separate 24-hour remedial-action requirement for dangerous conditions in § 57-22-6, are covered in our guide to the Utah Fit Premises Act.

Security deposits, Title 57 Chapter 17, including the requirement to state any non-refundable portion in writing at the time the deposit is collected, and the 30-day return. See our guide to Utah security deposit laws.

Eviction, Title 78B Chapter 6 Part 8. See the eviction guide linked above.

Licensing. Utah's standalone property manager licence applies on or after 1 January 2027. See our guide to Utah property manager licensing.

And rent increase notices. Section 57-22-4 contains no rent increase notice requirement. H.B. 182 of the 2025 General Session proposed one, but it did not become law, and § 57-22-4 remains effective as amended by Chapter 98 of the 2021 General Session. Separately, § 78B-6-802(1)(b)(i) provides a 15-calendar-day notice period for terminating a month-to-month or other periodic tenancy, which is a different legal question from a standalone rent increase notice requirement. Some published guidance conflates the two, and some reports a 60-day rule that is not in the current statute.

Common Utah Disclosure and Fee Mistakes Property Managers Make

1. Disclosing at signing rather than before payment
Section 57-22-4(3)(a) attaches before an owner accepts an application fee or any other payment.

2. Treating an application fee as outside the trigger
The statute names it expressly.

3. Describing subsection (4) as a general refund right
It requires a written demand within five business days of receiving the rental agreement, made before signing or taking possession.

4. Missing the owner's five-business-day return deadline
Once a compliant demand is received, the owner must return all money the prospective renter paid.

5. Letting the disclosure and the lease diverge
A difference between the good-faith estimate and the agreement, or an undisclosed type of use-based expense, is what triggers subsection (4).

6. Omitting eligibility criteria from the disclosure
Criminal history, credit, income, employment and rental history criteria are part of the required contents.

7. Disclosing fixed expenses but not use-based ones
Both are covered, and use-based expenses are disclosed by type.

8. Reading the late fee cap as $75
It is the greater of 10% of the agreed rent or $75, so it rises with rent.

9. Charging more than the agreed amount
Subsection (5)(b)(i) bars charging a fee, fine, assessment, interest or other cost greater than the amount agreed in the rental agreement.

10. Adding a charge to a fixed-term agreement mid-term
Subsection (5)(b)(ii)'s exception applies only where the agreement is month-to-month and the owner gives 15 days' notice.

11. Forgetting the 15-day notice on a month-to-month addition
Both conditions must be met.

12. Assuming a grace period exists
Utah imposes none by statute.

13. Skipping move-in condition documentation
Subsection (6) offers three routes: written inventory, tenant-completed form, or walk-through.

14. Over-reading the methamphetamine disclosure
It requires actual knowledge that the property is currently contaminated.

15. Treating a 60-day rent increase notice as current law
The H.B. 182 proposal did not become law.

Conclusion

Utah regulates rental charges mainly through disclosure and agreement rather than through broad caps, which puts unusual weight on the top of the leasing funnel.

The trigger is money, not signature. Section 57-22-4(3)(a) requires written disclosure before an owner accepts an application fee or any other payment from a prospective renter.

Five categories. A good faith estimate of rent and fixed non-rent expenses; the types of use-based non-rent expenses; the availability date; the eligibility criteria; and the requirements and process for recovering money under Subsection (4).

Subsection (4) is narrow but fast. It engages where the estimate differs from the agreement or an undisclosed type of use-based expense appears, requires a written demand within five business days of receiving the agreement made before signing or taking possession, and then obliges the owner to return all money paid within five business days.

And subsection (5) restricts charges three ways. A late fee capped at the greater of 10% of agreed rent or $75; no charge greater than the amount agreed in the rental agreement; and no charge outside the agreement unless it is month-to-month and the renter receives 15 days' notice.

For teams managing Utah portfolios in Salt Lake City, Provo, Ogden or Park City, the fix is a sequencing fix. The disclosure sits ahead of the payment screen, the disclosure and the lease have to reconcile, and the late fee has to be derived from current rent. Those controls give the leasing team a much stronger process for complying with the disclosure and fee requirements.

This blog is for informational purposes only and does not constitute legal advice. Utah owner duties sit in the Utah Fit Premises Act at Utah Code Title 57, Chapter 22, principally § 57-22-4, "Owner's duties," which is effective as amended by Chapter 98 of the 2021 General Session. The disclosure and undisclosed-charge framework originated in H.B. 68, "Rental Expenses Disclosure Requirements," 2021 General Session. Later proposals, including H.B. 182 of the 2025 General Session on rent increase notices, sought additional changes but did not become law; confirm the current statutory text before changing leasing procedures. Section 57-22-4(7) and (8) contain further requirements not set out in full here and should be read directly. Methamphetamine disclosure sits at § 57-27-201, security deposits at Title 57 Chapter 17, habitability corrective periods at § 57-22-6, and eviction at Title 78B Chapter 6 Part 8. Utah restricts local rent and fee control by statute; confirm the current provision and its scope before relying on it. Federal lead-based paint disclosure rules apply independently. Verify the current statutory text with the Utah Legislature and consult a licensed Utah attorney for guidance specific to your portfolio.

Frequently Asked Questions

Q1. When must a Utah landlord give the fee disclosure?
Before the owner accepts an application fee or any other payment from a prospective renter, under § 57-22-4(3)(a). The trigger is taking money, not signing a lease.

Q2. What must the disclosure contain?
A good faith estimate of the rent and any fixed non-rent expenses; the types of use-based non-rent expenses; the date the unit is scheduled to be available; the eligibility criteria such as criminal history, credit, income, employment or rental history; and the requirements and process for recovering money paid under Subsection (4).

Q3. Can an applicant get their money back?
Under § 57-22-4(4), yes, in defined circumstances: where the good-faith estimate differs from the amount in the rental agreement, or the agreement includes an undisclosed type of use-based non-rent expense, and the prospective renter makes a written demand within five business days of receiving the agreement and has not signed it or taken possession. The owner must then return all money paid within five business days.

Q4. What is Utah's late fee cap?
The greater of 10% of the rent agreed to in the rental agreement, or $75, under § 57-22-4(5)(a).

Q5. Can a landlord add a charge that is not in the lease?
Only where the rental agreement is on a month-to-month basis and the owner provides the renter a 15-day notice of the charge, under § 57-22-4(5)(b)(ii).

Q6. Does Utah require a grace period?
No. A grace period exists only if the lease provides one.

Q7. What move-in documentation is required?
Under § 57-22-4(6), one of three: a written inventory of the unit's condition excluding ordinary wear and tear, a form for the renter to complete within a reasonable time after occupancy, or an opportunity to conduct a walk-through inspection.

Q8. Does Utah require 60 days' notice of a rent increase?
Not under current law. H.B. 182 of the 2025 General Session proposed such a rule but did not become law. Section 78B-6-802(1)(b)(i) separately requires 15 calendar days' notice to terminate a periodic tenancy, which is a different question.