Late Rent Fee Limits in Utah

Short answer Utah caps a late fee at the greater of 10% of the rent agreed to in the rental agreement or $75. The statute sets no grace period and no once-only or daily-accrual formula. Its general fee rule also limits charges to the agreed amount and requires them to be included in the rental agreement, except that a month-to-month landlord may add a charge after 15 days' notice; the Act does not let a renter sue under this provision or use a violation to excuse lease compliance.
State
Utah
Statute checked
July 20, 2026
Sources
2 statutes

At a glance

Governing lawUtah Code § 57-22-4(5), (8), (9) — Fit Premises Act cap and general rental-fee rules
Maximum late feeGreater of 10% of the rent agreed to in the rental agreement or $75 (§ 57-22-4(5)(a))
Grace periodNone stated in § 57-22-4(5); do not substitute the separate eviction-notice clock
Lease or notice requirementNo writing required: rental agreements may be oral; the fee/amount must be included and agreed, unless a month-to-month owner gives 15 days' notice of a new charge (§§ 57-22-2(2), 57-22-4(5)(b))
One-time or recurringNo once-only or daily formula stated; any charge remains subject to the late-fee cap and the agreement/notice rules (§ 57-22-4(5))
Calculated onThe rent agreed to in the rental agreement; compare 10% of that rent with $75 and use the greater figure (§ 57-22-4(5)(a))
Related fees & carve-outsAny fee, fine, assessment, interest, or other cost may not exceed the agreed amount or be omitted from the rental agreement, subject to the month-to-month 15-day-notice exception (§ 57-22-4(5)(b))
If the fee is unlawfulThe Act expressly bars using a § 57-22-4(5) violation to excuse lease compliance or to bring a cause of action against the owner (§ 57-22-4(9))

Requirements one by one

The cap uses the greater figure

Section 57-22-4(5)(a) prohibits a late fee above "the greater of" 10% of the rent agreed to in the rental agreement or $75. If the agreed rent is $600, 10% is $60, so $75 is the maximum. If the agreed rent is $1,200, 10% is $120, so $120 is the maximum.

No statutory grace or accrual formula

Section 57-22-4(5) does not state a number of days that must pass before a late fee may attach. It also does not say that the fee is once per payment, daily, or recurring. Those details cannot be added to the statute from an eviction notice period or a form; the charge still must stay within the cap and the agreement rules.

The amount must be agreed and included

The general fee rule bars a fee, fine, assessment, interest, or other cost in an amount greater than the amount agreed to in the rental agreement. It also bars a charge that is not included in the agreement, unless the tenancy is month to month and the owner provides 15 days' notice of the charge.

Utah defines a rental agreement as written or oral, so these sections do not create a separate writing requirement for a late fee.

The Act closes off its own private claim

Section 57-22-4(9) expressly says a renter may not use an owner's failure to comply with subsection (5) as a basis either "to excuse the renter's compliance with a rental agreement" or "to bring a cause of action against the owner." The late-fee limit is a statutory owner duty, but this Act does not supply the renter with a damages claim for violating it.

What trips people up

The statute says “greater,” not “lesser.” On rents above $750, 10% is more than $75 and therefore sets the cap. On rents below $750, the $75 figure is higher.

The three-day eviction notice is a different clock. Section 57-22-4 states no late-fee grace period. A notice period governing nonpayment eviction cannot be presented as a waiting period for imposing the fee.

This Act covers an ordinary principal residence, not every rental. Section 57-22-2 excludes boarding or rooming facilities, mobile-home lots, and recreational property rented occasionally from its "residential rental unit" definition.

Common questions

My agreed rent is $800. What is the statutory maximum? Ten percent is $80, which is greater than $75, so the cap is $80.

Does the late fee have to be in a written lease? These provisions do not require a writing. The Act defines "rental agreement" to include written or oral agreements, but the fee and amount remain subject to the agreement and notice rules.

Can I sue under the Fit Premises Act solely because the fee exceeds the cap? Section 57-22-4(9) says a subsection (5) violation cannot be used to bring a cause of action against the owner under this provision.

Statutes and sources

  • Utah Code § 57-22-4(5), (8), (9) — cap, agreement/notice rules, and the express limit on renter remedies.

    (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. ... (8) Nothing in this section prohibits any fee, fine, assessment, interest, or cost that is allowed by law or stated in the rental agreement. (9) A renter may not use an owner's failure to comply with a requirement of Subsection ... (5) ... 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.

Official source: https://le.utah.gov/xcode/Title57/Chapter22/C57-22-S4_2021050520210505.pdf (accessed 2026-07-20) - Utah Code § 57-22-2(2), (5) — rental agreements may be written or oral; the Act's ordinary-residential scope excludes specified categories.

(2) "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. ... (5) "Residential rental unit" means a renter's principal place of residence ... It 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.

Official source: https://le.utah.gov/xcode/Title57/Chapter22/C57-22_1800010118000101.pdf (accessed 2026-07-20)

Source links

Every statute quoted above, linked, with the date we checked it.

Utah Code § 57-22-4(5), (8), (9) · accessed 2026-07-20
Utah Code § 57-22-2(2), (5) · accessed 2026-07-20
This page is general legal information about residential late rent fees under Utah law, not legal advice about your lease or a specific charge. Whether a fee is lawful, how large it may be, the grace period, the disclosure rule, and your remedy can depend on the property, the tenancy type, any subsidy, the lease terms, and local law. It does not cover security deposits, application fees, or eviction timelines, and it does not include city or county rules, which may set a lower cap or longer grace than the state floor. Verified against the official statute text on the date shown; confirm current state and local law or consult a licensed attorney in Utah before relying on it.

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