HB 478

02-20 09:53  1st Sub. (Buff) H.B. 478
                           John Arthur proposes the following substitute bill:
1Residential Rental Modifications
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                     Chief Sponsor: John Arthur
                                              Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill amends provisions relating to landlords and tenants.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ establishes a period of time by which a landlord shall provide a notice of rent increase to
10   a tenant; and
11▸ makes technical changes.
12   Money Appropriated in this Bill:
13None
14   Other Special Clauses:
15None
16   Utah Code Sections Affected:
17   AMENDS:
                                                                                                      1st Sub. H.B. 478
1857-22-2, as last amended by Laws of Utah 2017, Chapter 19
1957-22-4, as last amended by Laws of Utah 2021, Chapter 98
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 57-22-2 is amended to read:
2357-22-2 . Definitions.
24      As used in this chapter:
25   (1) "Low-income housing tax credit" means the same as that term is defined in Section
2659-2-102.
27   [(1)] (2)(a) "Owner" means the owner, lessor, or sublessor of a residential rental unit.
28(b) [ A ] "Owner" includes a managing agent, leasing agent, or resident manager is
29considered an owner for purposes of notice and other communication required or
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30allowed under this chapter unless the agent or manager specifies otherwise in writing
31in the rental agreement.
32   [(2)] (3) "Rental agreement" means [any] an agreement, written or oral, [which] that
33establishes or modifies the terms, conditions, rules, or any other provisions regarding the
34use and occupancy of a residential rental unit.
35   [(3)] (4) "Rental application" means an application required by an owner as a prerequisite to
36the owner entering into a rental agreement for a residential rental unit.
37   [(4)] (5) "Renter" means any person entitled under a rental agreement to occupy a residential
38rental unit to the exclusion of others.
39   [(5)] (6)(a) "Residential rental unit" means a renter's principal place of residence[ and] .
40(b) "Residential rental unit" includes[ ] :
41(i) the appurtenances, grounds, and facilities held out for the use of the residential
42renter generally[,] ; and
43(ii) [ ]any other area or facility provided to the renter in the rental agreement.
44(c) [ It] "Residential rental unit" does not include facilities contained in a boarding or
45rooming house or similar facility, mobile home lot, or recreational property rented on
46an occasional basis.
47Section 2. Section 57-22-4 is amended to read:
4857-22-4 . Owner's duties.
49   (1) To protect the physical health and safety of the ordinary renter, an owner:
50(a) may not rent the premises unless they are safe, sanitary, and fit for human
51occupancy; and
52(b) shall:
53(i) maintain common areas of the residential rental unit in a sanitary and safe
54condition;
55(ii) maintain electrical systems, plumbing, heating, and hot and cold water;
56(iii) maintain any air conditioning system in an operable condition;
57(iv) maintain other appliances and facilities as specifically contracted in the rental
58agreement; and
59(v) for buildings containing more than two residential rental units, provide and
60maintain appropriate receptacles for garbage and other waste and arrange for [its ]
61the removal of the garbage and other waste, except to the extent that the renter and
62owner otherwise agree.
63   (2) Except as otherwise provided in the rental agreement, an owner shall provide the renter
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64at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
65   (3)(a) Before an owner accepts an application fee or any other payment from a
66prospective renter, the owner shall disclose in writing to the prospective renter:
67(i) a good faith estimate of:
68(A) the rent amount; and
69(B) the amount of each fixed, non-rent expense that is part of the rental agreement;
70(ii) the type of each use-based, non-rent expense that is part of the rental agreement;
71(iii) the day on which the residential rental unit is scheduled to be available;
72(iv) the criteria that the owner will consider in determining the prospective renter's
73eligibility as a renter in the residential rental unit, including criteria related to the
74prospective renter's criminal history, credit, income, employment, or rental
75history; and
76(v) the requirements and process for the prospective renter to recover money the
77prospective renter pays in relation to the residential rental unit, as described in
78Subsection (4).
79(b) An owner may satisfy the written disclosure requirement described in Subsection [
80(3)(a)(i)] (3)(a) through a rental application, deposit agreement, or written summary.
81   (4)(a) A prospective renter may make a written demand to the owner of a residential
82rental unit requesting the return of money the prospective renter paid in relation to
83the rental of the residential rental unit, if:
84(i)(A) an amount the owner provides in the good-faith estimate described in
85Subsection [(3)] (3)(a)(i) is different than the amount in the rental agreement; or
86(B) the rental agreement includes a type of use-based, non-rent expense that was
87not disclosed under Subsection (3); and
88(ii) the prospective renter:
89(A) makes the written demand within five business days after the day on which
90the prospective renter receives the rental agreement; and
91(B) at the time the prospective renter makes the written demand, has not signed
92the rental agreement or taken possession of the residential rental unit.
93(b) If a prospective renter makes a written demand in accordance with Subsection (4)(a),
94the owner shall return all money the prospective renter paid the owner within five
95business days after the day on which the owner receives the written demand.
96   (5) An owner may not charge a renter:
97(a) a late fee that exceeds the greater of:
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98(i) 10% of the rent agreed to in the rental agreement; or
99(ii) $75; or
100(b) a fee, fine, assessment, interest, or other cost:
101(i) in an amount greater than the amount agreed to in the rental agreement; or
102(ii) that is not included in the rental agreement, unless:
103(A) the rental agreement is on a month-to-month basis; and
104(B) the owner provides the renter a 15-day notice of the charge.
105   (6) Before an owner and a prospective renter enter into a rental agreement, the owner shall:
106(a) provide the prospective renter a written inventory of the condition of the residential
107rental unit, excluding ordinary wear and tear;
108(b) furnish the renter a form to document the condition of the residential rental unit and
109then allow the resident a reasonable time after the renter's occupancy of the
110residential rental unit to complete and return the form; or
111(c) provide the prospective renter an opportunity to conduct a walkthrough inspection of
112the residential rental unit.
113   (7) At or before the commencement of the rental term under a rental agreement, an owner
114shall:
115(a) disclose in writing to the renter:
116(i) the owner's name, address, and telephone number; or
117(ii)(A) the name, address, and telephone number of any person authorized to
118manage the residential rental unit; or
119(B) the name, address, and telephone number of any person authorized to act for
120and on behalf of the owner for purposes of receiving notice under this chapter
121or performing the owner's duties under this chapter or under the rental
122agreement, if the person authorized to manage the residential rental unit does
123not have authority to receive notice under this chapter; and
124(b) provide the renter:
125(i) an executed copy of the rental agreement, if the rental agreement is a written
126agreement; and
127(ii) a copy of any rules and regulations applicable to the residential rental unit.
128   (8) Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is
129allowed by law or stated in the rental agreement.
130   (9)(a) An owner shall provide notice of an increase in the monthly rental amount 60
131days before the day on which the rent increase takes effect unless:
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132(i) the renter is on a month-to-month basis; or
133(ii) the increase in the monthly rental amount is in response to an increase in
134maximum rent allowed in:
135(A) a low-income tax credit community; or
136(B) housing subject to Section 8 of the Housing Act of 1937, 42 U.S.C. Sec. 1437f
137et seq.
138(b) Nothing in this Subsection (9) prevents an owner from increasing the amount the
139renter pays for any cost, fee, assessment, or fine allowed under the rental agreement,
140including an automatic increase to a cost, fee, assessment, or fine provided in the
141rental agreement.
142   [(9)] (10) A renter may not use an owner's failure to comply with a requirement of
143Subsection (2), (3), (4), (5), (6), [or ](7), or (9) as a basis:
144(a) to excuse the renter's compliance with a rental agreement; or
145(b) to bring a cause of action against the owner.
146Section 3. Effective Date.
147   This bill takes effect on May 6, 2026.
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