Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 268 (2021GS)

Sponsor

Rep. Bennion, G.

Final action

House/ filed 3/5/2021

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends provisions regarding an owner's entry into a renter's residential rental unit.

Every vote on this bill

Bill text

UTAH FIT PREMISES ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gay Lynn Bennion
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
General Description:
This bill amends an owner's duties under the Utah Fit Premises Act.
Highlighted Provisions:
This bill:
▸ amends provisions regarding an owner's entry into a renter's residential rental unit.
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
] 
An
 owner shall provide
the renter at least 24 hours prior notice of the owner's entry into the renter's residential rental
unit[
.
]
, unless:
(a) the owner receives express permission from the renter for the particular entry;
(b) there exists an emergency that poses an immediate risk of bodily injury or damage
to property, including a gas leak, fire, flood, or natural disaster;
(c) the renter abandons the property; or
(d) a court of competent jurisdiction grants the owner access.
(3) 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) 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) An owner's failure to comply with a requirement of Subsection (2), (3), (4), or (5)
may not:
(a) be used by the renter as a basis to excuse the renter's compliance with a rental
agreement; or
(b) give rise to any cause of action against the owner.