Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 182 (2025GS)

Sponsor

Rep. Bennion, Gay Lynn

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• establishes a period of time by which a landlord must provide a notice of rent increase to a tenant; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

4
57-22-2
57-22-4
Rental Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gay Lynn Bennion
LONG TITLE
General Description:
This bill enacts provisions related to rent increases.
Highlighted Provisions:
This bill:
defines terms;
establishes a period of time by which a landlord must provide a notice of rent increase to 
a tenant; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-22-2
, as last amended by Laws of Utah 2017, Chapter 19
57-22-4
, as last amended by Laws of Utah 2021, Chapter 98
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
57-22-2
 is amended to read:
57-22-2. Definitions.
As used in this chapter:
(1)
"Low-income housing tax credit" means the same as that term is defined in Section 
59-2-102
.
(1)
(2)
(a)
"Owner" means the owner, lessor, or sublessor of a residential rental unit. 
(b)
A
"Owner" includes a
 managing agent, leasing agent, or resident manager 
is 
considered an owner 
for purposes of notice and other communication required or 
allowed under this chapter unless the agent or manager specifies otherwise in writing 
in the rental agreement.
(2)
(3)
"Rental agreement" means any agreement, written or oral, which establishes or 
modifies the terms, conditions, rules, or any other provisions regarding the use and 
occupancy of a residential rental unit.
(3)
(4)
"Rental application" means an application required by an owner as a prerequisite to 
the owner entering into a rental agreement for a residential rental unit.
(4)
(5)
"Renter" means any person entitled under a rental agreement to occupy a residential 
rental unit to the exclusion of others.
(5)
(6)
(a)
"Residential rental unit" means a renter's principal place of residence and 
includes the appurtenances, grounds, and facilities held out for the use of the 
residential renter generally, and any other area or facility provided to the renter in the 
rental agreement.
(b)
 It
"Residential rental unit"
 does not include facilities contained in a boarding or 
rooming house or similar facility, mobile home lot, or recreational property rented on 
an occasional basis.
Section 2, 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
the premises
 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
garbage and waste
 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
notice before the owner enters
 into 
the renter's residential rental unit.
(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:
(i)
a good faith estimate of:
(A)
the rent amount; and
(B)
the amount of each fixed, non-rent expense that is part of the rental agreement;
(ii)
the type of each use-based, non-rent expense that is part of the rental agreement;
(iii)
the day on which the residential rental unit is scheduled to be available;
(iv)
the criteria that the owner will consider in determining the prospective renter's 
eligibility as a renter in the residential rental unit, including criteria related to the 
prospective renter's criminal history, credit, income, employment, or rental 
history; and
(v)
the requirements and process for the prospective renter to recover money the 
prospective renter pays in relation to the residential rental unit, as described in 
Subsection 
(4)
.
(b)
An owner may satisfy the written disclosure requirement described in Subsection 
(3)(a)(i)
 through a rental application, deposit agreement, or written summary.
(4)
(a)
A prospective renter may make a written demand to the owner of a residential 
rental unit requesting the return of money the prospective renter paid in relation to 
the rental of the residential rental unit, if:
(i)
(A)
an amount the owner provides in the good-faith estimate described in 
Subsection 
(3)
 is different than the amount in the rental agreement; or
(B)
the rental agreement includes a type of use-based, non-rent expense that was 
not disclosed under Subsection 
(3)
; and
(ii)
the prospective renter:
(A)
makes the written demand within five business days after the day on which 
the prospective renter receives the rental agreement; and
(B)
at the time the prospective renter makes the written demand, has not signed 
the rental agreement or taken possession of the residential rental unit.
(b)
If a prospective renter makes a written demand in accordance with Subsection 
(4)(a)
, 
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.
(5)
An owner may not charge a renter:
(a)
a late fee that exceeds the greater of:
(i)
10% of the rent agreed to in the rental agreement; or
(ii)
$75; or
(b)
a fee, fine, assessment, interest, or other cost:
(i)
in an amount greater than the amount agreed to in the rental agreement; or
(ii)
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.
(6)
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.
(7)
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.
(8)
(a)
An owner shall provide notice of an increase in the monthly rental amount 60 
days before the day on which the rent increase takes effect, unless:
(i)
the term of the rental agreement is month-to-month;
(ii)
the rent increase is in response to an increase in maximum rent allowed in:
(A)
a low-income tax credit community; or
(B)
housing subject to Section 8 of the Housing Act of 1937, 42 U.S.C. Sec. 1437f 
et seq.; or
(iii)
the renter agrees in writing to an increase that takes effect sooner than 60 days.
(b)
Nothing in this Subsection 
(8)
 prevents an owner from increasing the amount the 
renter pays for any cost, fee, assessment, or fine allowed under the rental agreement, 
including any automatic increase to a cost, fee, assessment, or fine provided in the 
rental agreement.
(8)
(9)
Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is 
allowed by law or stated in the rental agreement.
(9)
(10)
A renter may not use an owner's failure to comply with a requirement of 
Subsection 
(2)
, 
(3)
, 
(4)
, 
(5)
, 
(6)
, 
or 
(7)
, or (8)
 as a basis:
(a)
to excuse the renter's compliance with a rental agreement; or
(b)
to bring a cause of action against the owner.
Section 3. 
Effective date.
This bill takes effect on 
May 7, 2025
.
1-13-25 3:40 PM