Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 211 Second Substitute (2020GS)

Sponsor

Rep. Judkins, M.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires an owner of a residential rental unit to make expense-related disclosures to a potential renter before accepting an application or an application fee;
• requires a rental agreement to include all amounts the renter is or may be obligated to pay under the rental agreement;
• prohibits an owner from charging a renter under a rental agreement an amount that is not disclosed in the rental agreement, except under certain conditions;
• prohibits an owner from using as cause for eviction a renter's refusal to pay an amount charged in violation of Section 57-22-4; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

RENTER EXPENSES DISCLOSURE REQUIREMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Marsha Judkins
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill amends an owner's duties under the Utah Fit Premises Act.
Highlighted Provisions:
This bill:
▸ requires an owner of a residential rental unit to make expense-related disclosures to
a potential renter before accepting an application or an application fee;
▸ requires a rental agreement to include all amounts the renter is or may be obligated
to pay under the rental agreement;
▸ prohibits an owner from charging a renter under a rental agreement an amount that
is not disclosed in the rental agreement, except under certain conditions;
▸ prohibits an owner from using as cause for eviction a renter's refusal to pay an
amount charged in violation of Section 57-22-4; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-22-4
, as last amended by Laws of Utah 2017, Chapter 19
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-22-4
 is amended to read:
57-22-4.
Owner's duties.
(1) To protect the physical health and safety of the ordinary renter, an owner:
(a) may not rent the premises unless they are safe, sanitary, and fit for human
occupancy; and
(b) shall:
(i) maintain common areas of the residential rental unit in a sanitary and safe condition;
(ii) maintain electrical systems, plumbing, heating, and hot and cold water;
(iii) maintain any air conditioning system in an operable condition;
(iv) maintain other appliances and facilities as specifically contracted in the rental
agreement; and
(v) for buildings containing more than two residential rental units, provide and
maintain appropriate receptacles for garbage and other waste and arrange for its removal,
except to the extent that the renter and owner otherwise agree.
(2) Except as otherwise provided in the rental agreement, an owner shall provide the
renter at least 24 hours prior notice of the owner's entry into the renter's residential rental unit.
(3) 
Before an owner accepts an application or an application fee from a prospective
renter, the owner shall disclose in writing to the prospective renter:
(a) an itemized list of the amounts the prospective renter will or may be obligated to
pay as a renter under the rental agreement, including amounts related to:
(i) rent;
(ii) a deposit;
(iii) an application;
(iv) reserving the residential unit for the person for a period of time;
(v) moving into the residential rental unit;
(vi) signing the rental agreement;
(vii) a pet in the residential rental unit;
(viii) a returned check;
(ix) a partial or late payment;
(x) a month-to-month transaction;
(xi) eviction;
(xii) insurance;
(xiii) security;
(xiv) parking;
(xv) a government service, including police, fire, or snow removal;
(xvi) delivery;
(xvii) an amenity, including valet, gym access, or a common area;
(xviii) Internet;
(xix) garbage;
(xx) a violation of the rental agreement;
(xxi) taxes;
(xxii) a mandatory expense;
(xxiii) a utility, including gas, water, or sewer;
(xxiv) an inspection; or
(xxv) anything else for which a cost, fee, fine, or assessment is not specifically
prohibited by law;
(b) if there is an anticipated availability in the residential rental unit; and
(c) the criteria that the owner will review as a condition of accepting the prospective
renter as a renter in the residential rental unit, including criteria related to the prospective
renter's criminal history, credit, income, employment, or rental history.
(4) (a) A rental agreement shall include each itemized amount disclosed under
Subsection (3)(a).
(b) An owner may not charge a renter under a rental agreement an amount that is not
included in the rental agreement, unless:
(i) the tenancy is month to month; and
(ii) the owner provides the renter a 15-day notice of the charge.
(5)
 Before an owner and a prospective renter enter into a rental agreement, the owner
shall:
(a) provide the prospective renter a written inventory of the condition of the residential
rental unit, excluding ordinary wear and tear;
(b) furnish the renter a form to document the condition of the residential rental unit and
then allow the resident a reasonable time after the renter's occupancy of the residential rental
unit to complete and return the form; or
(c) provide the prospective renter an opportunity to conduct a walkthrough inspection
of the residential rental unit.
[
(4)
] 
(6)
 At or before the commencement of the rental term under a rental agreement,
an owner shall:
(a) disclose in writing to the renter:
(i) the owner's name, address, and telephone number; or
(ii) (A) the name, address, and telephone number of any person authorized to manage
the residential rental unit; or
(B) the name, address, and telephone number of any person authorized to act for and on
behalf of the owner for purposes of receiving notice under this chapter or performing the
owner's duties under this chapter or under the rental agreement, if the person authorized to
manage the residential rental unit does not have authority to receive notice under this chapter;
and
(b) provide the renter:
(i) an executed copy of the rental agreement, if the rental agreement is a written
agreement; and
(ii) a copy of any rules and regulations applicable to the residential rental unit.
[
(5) (a) An owner shall disclose in writing to an applicant for a residential rental unit:
]
[
(i) if there is an anticipated availability in the residential rental unit; and
]
[
(ii) the criteria that the owner will review as a condition of accepting the applicant as a
tenant in the residential rental unit, including criteria related to the applicant's criminal history,
credit, income, employment, or rental history.
]
[
(b) An owner may not accept a rental application from an applicant, or charge an
applicant a rental application fee, before the owner complies with the disclosure requirement in
Subsection (5)(a).
]
[
(6)
] 
(7) Nothing in this section prohibits any cost, fee, fine, or assessment that is
allowed by law.
(8)
 [
An
] 
A renter may not use an
 owner's failure to comply with a requirement of
:
(a)
 Subsection (2), (3), (4), [
or
] (5) [
may not: (a) be used by the renter
]
, or (6)
 as a
basis to excuse the renter's compliance with a rental agreement; or
(b) [
give rise to any
] 
Subsection (2), (5), or (6) to bring a
 cause of action against the
owner.
(9) An owner may not use as cause for eviction a renter's refusal to pay an amount an
owner charges in violation of this section.