Breaking a lease in Utah

A tenant who is a victim of domestic violence may end all future obligations under the rental agreement by giving you a court order protecting the tenant (not an ex parte order) or a police report showing the tenant is a victim and not the predominant aggressor, a written notice with the move-out date, and a termination fee of one month's rent. The tenant must move out within 15 days after the notice and pay rent for that time (Utah Code § 57-22-5.1(4) to (9)).

• The tenant must be in compliance with the rental agreement, except for a rent or conduct default caused by domestic violence that began less than 30 days before the notice (Utah Code § 57-22-5.1(4)(a), (5)).
• The right is lost once an eviction notice has been served, the tenant still owes amounts from before the notice, and the agreement continues for any other occupant (Utah Code § 57-22-5.1(7) to (9)).
• If you fail to deliver possession on the agreed date, the tenant may end the agreement by written notice, or keep it with rent abated until you deliver (Utah Code § 57-22-4.1).
• A tenant who abandons the unit owes either the rent for the rest of the term or, if less, the rent until the unit is rerented at fair value plus the difference in rent, a reasonable commission and restoration costs (Utah Code § 78B-6-816(1)).See Abandoned property on the Utah page
• Utah National Guard and State Defense Force members in state military service have the same rights and protections that federal law gives for federal activation (Utah Code § 39A-6-102).
• Federal military protections cover more than a deployment longer than ninety days. Common qualifying situations include signing before entering military service, or signing while serving and later receiving permanent-change-of-station orders or deployment orders for at least ninety days. Give proper written termination notice and a copy of the orders. For these qualifying leases with monthly rent, termination generally takes effect thirty days after the next rent payment becomes due following delivery of notice, without an early-termination charge. Other protected circumstances and timing rules exist; get military legal assistance if eligibility or the effective date is uncertain. Keep the notice, orders, delivery record and final rent calculation together (U.S. Department of Justice: servicemember housing rights).

A tenant may serve a written notice of a deficient condition that describes it, gives you the corrective period (three calendar days for a habitability standard, ten calendar days for a rental agreement requirement), names the remedy the tenant chooses, and allows you to enter. If you do not take substantial action toward fixing it in time, the tenant may either abate rent and end the agreement, or repair it and deduct the cost from future rent, up to two months' rent (Utah Code § 57-22-6).

• With rent abatement, the agreement ends, rent is abated from the date of the notice, you must immediately pay back the whole deposit and prorated prepaid rent, and the tenant must move out within 10 calendar days after the corrective period ends (Utah Code § 57-22-6(4)(a)(i)).
• With repair and deduct, the tenant keeps receipts and gives you copies within five calendar days after the next rental period begins (Utah Code § 57-22-6(4)(a)(ii)).
• For a dangerous condition, one posing a substantial risk of imminent loss of life or significant physical harm, the tenant may tell you by any reasonable means, and you must start remedial action within 24 hours and pursue it diligently (Utah Code § 57-22-6(3)).
• A tenant who is not complying with the renter's duties, or who caused the condition, has no remedy (Utah Code § 57-22-6(1)(b), (4)(b)).
• If the unit is not fit for occupancy, you may instead end the agreement by written notice before the corrective period ends, refund prorated prepaid rent and any deposit within 10 calendar days, and give the tenant at least 10 calendar days to leave (Utah Code § 57-22-6(4)(c)).
• After the corrective period, the tenant may sue to enforce the chosen remedy; you must answer within three business days, and the court may award costs and attorney fees to the prevailing party (Utah Code § 57-22-6(5), (7)).

Whether the tenant may sublet depends on the lease. If the tenant assigns or sublets against the lease, you may serve a three calendar day notice to quit, and a tenant who stays after it is in unlawful detainer (Utah Code § 78B-6-802(1)(d)).

• Under the Utah Fit Premises Act, a tenant who sublets counts as an owner toward the subtenant (Utah Code § 57-22-2(1)).

To end a tenancy with monthly or other periodic rent, serve notice at least 15 calendar days before the end of the month or period, requiring the tenant to leave at the end of it. A tenancy at will needs notice of at least five calendar days. A fixed term ends when the term expires without any notice (Utah Code § 78B-6-802(1)(a), (1)(b)).

• Serve the notice by one of the methods the eviction statutes allow (Utah Code § 78B-6-805).

No later than 30 days after the tenant vacates and returns possession, mail or deliver to the tenant's last known address, or send electronically by a means the tenant gave you, the balance of the deposit, the balance of any prepaid rent, and a written notice that itemizes and explains each deduction. You may deduct rent, damage beyond reasonable wear and tear, other costs and fees the contract provides for, and cleaning of the unit (Utah Code § 57-17-3; Utah Code § 57-17-5).

• If you miss the deadline, the tenant may serve a notice to provide deposit disposition, substantially in the statutory form, by personal delivery, substitute service or posting at the address in the lease, or by registered or certified mail. You then have five business days to comply (Utah Code § 57-17-3(3) to (5)).
• If you still do not comply, the tenant may recover the full deposit, the full prepaid rent and a $100 civil penalty, and sue to enforce. A court awards costs and attorney fees to the prevailing party only if the other side acted in bad faith (Utah Code § 57-17-5(1), (2)).
• A tenant who never serves the notice is not entitled to that relief, and either side may still recover other damages it is owed (Utah Code § 57-17-5(3), (4)).
• If you cannot deliver possession on the agreed date and the tenant ends the agreement in writing, return all prepaid rent and any deposit as promptly as reasonable (Utah Code § 57-22-4.1).