RESIDENTIAL LEASE AGREEMENT

(State of Utah)

[// GUIDANCE: This template is drafted for immediate attorney review and client customization. All bracketed items must be completed, revised, or removed prior to execution. Confirm that the final version complies with the most current Utah statutes, local ordinances, and any homeowners-association restrictions applicable to the Premises.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease of Premises
   3.2 Term
   3.3 Rent; Additional Rent
   3.4 Security Deposit
   3.5 Use and Occupancy
   3.6 Utilities and Services
   3.7 Maintenance, Repairs & Habitability
   3.8 Alterations; Improvements
   3.9 Insurance
   3.10 Entry by Landlord
   3.11 Assignment & Subleasing
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], a [STATE & ENTITY TYPE] (“Landlord”), and [TENANT LEGAL NAME] (“Tenant,” and together with Landlord, the “Parties,” and each a “Party”).

WHEREAS, Landlord is the owner of that certain residential real property located at [PREMISES ADDRESS, CITY, COUNTY, UTAH ZIP], together with all improvements thereon (the “Premises”); and

WHEREAS, Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the same to Tenant on the terms, covenants, and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. All definitions shall apply equally to singular and plural forms. Any term not expressly defined herein shall have its plain-meaning definition under applicable Utah law.

“Able to Cure” – Capable of being remedied by reasonable repair, payment, or performance within the Cure Period.
“Additional Rent” – Any monetary obligation of Tenant under this Agreement other than Base Rent.
“Base Rent” – The monthly rental payment identified in Section 3.3(a).
“Cure Period” – The period for Tenant or Landlord to remedy a default, as specified in Section 6.2.
“Essential Services” – Heat, electricity, water, hot water, sewer, and any other service required under Utah Code Ann. § 57-22-[placeholder] et seq., as amended (the “Fit Premises Act”), or any successor statute.
“Fit Premises Act” – Utah Code Ann. §§ 57-22-1 et seq., as amended.
“Good Funds” – United States currency, cashier’s check, money order, or ACH transfer that is immediately available.
“Lease Term” – The fixed term of tenancy established under Section 3.2.
“Security Deposit Act” – Utah Code Ann. §§ 57-17-1 et seq., as amended.
“Unlawful Detainer Statute” – Utah Code Ann. §§ 78B-6-801 et seq., as amended.

[// GUIDANCE: Add, delete, or modify defined terms as warranted by the transaction.]

3. OPERATIVE PROVISIONS

3.1 Lease of Premises

(a) Grant of Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, subject to the terms and conditions of this Agreement.
(b) Condition at Delivery. Landlord shall deliver the Premises to Tenant in a clean, safe, and habitable condition, compliant with all applicable building, housing, and health codes. Tenant acknowledges inspection of the Premises (or voluntary waiver thereof) and accepts the Premises “AS-IS,” except as expressly provided herein.

3.2 Term

(a) Commencement & Expiration. The Lease Term shall commence on [COMMENCEMENT DATE] (“Commencement Date”) and shall terminate at 11:59 p.m. Mountain Time on [EXPIRATION DATE], unless sooner terminated pursuant to this Agreement (the “Termination Date”).
(b) Renewal / Holdover. Any holdover tenancy shall be month-to-month, subject to all terms herein except that Base Rent shall increase to [___]% of the then-current rate and either Party may terminate on [15/30] days’ written notice, in accordance with the Unlawful Detainer Statute.

3.3 Rent; Additional Rent

(a) Base Rent. Tenant shall pay monthly Base Rent of $[AMOUNT] in Good Funds, without set-off or deduction, on or before the [DAY] day of each calendar month to [PAYEE NAME & ADDRESS / ACCOUNT INFO].
(b) Late Charges. If any Base Rent or Additional Rent is not received by the [X]th day after due, Tenant shall pay (i) a late fee of $[AMOUNT OR PERCENTAGE], and (ii) interest on the outstanding amount at the lesser of [___]% per annum or the maximum rate permitted by law.
(c) Returned Payment. Returned payments shall incur a service charge of $[AMOUNT] plus any bank fees.

3.4 Security Deposit

(a) Amount; Payment. Upon execution, Tenant shall deposit $[AMOUNT] with Landlord as a security deposit (the “Security Deposit”) to secure full performance of Tenant’s obligations.
(b) Designation of Non-Refundable Portion. [Insert “No portion of the Security Deposit is non-refundable” OR “$[AMOUNT] of the Security Deposit is a non-refundable cleaning fee.”]
(c) Permitted Deductions. Landlord may apply the Security Deposit to unpaid Rent, costs of repairing damages beyond ordinary wear and tear, cleaning, and other amounts lawfully due.
(d) Accounting & Return. Within 30 days after Tenant surrenders possession, Landlord shall (i) return any remaining refundable balance and (ii) deliver a written itemization of any deductions, all as required by the Security Deposit Act.
(e) Liability Cap. Except for (1) willful misconduct or gross negligence, and (2) indemnified claims under Section 7.1, Tenant’s aggregate liability for damages to the Premises shall not exceed the sum of (i) the Security Deposit, plus (ii) any insurance proceeds available to Landlord.
[// GUIDANCE: Utah imposes no statutory cap on deposit amount but mandates the 30-day return and written itemization. Confirm local ordinances regarding interest on deposits.]

3.5 Use and Occupancy

(a) Permitted Use. The Premises shall be used solely as a private residence for [MAX OCCUPANTS] lawful occupants and for no other purpose without Landlord’s prior written consent.
(b) Prohibited Activities. Tenant shall not: (i) permit any illegal activity; (ii) commit waste or nuisance; (iii) store hazardous materials except common household products used in accordance with manufacturers’ instructions; (iv) smoke inside the Premises unless expressly authorized herein.

3.6 Utilities and Services

Tenant shall timely arrange and pay for all utilities and services to the Premises except [LANDLORD-PROVIDED UTILITIES]. Interruption of utilities beyond Landlord’s reasonable control shall not constitute a constructive eviction.

3.7 Maintenance, Repairs & Habitability

(a) Landlord Obligations. Landlord shall:
(i) Maintain the Premises in a condition fit for human habitation and in compliance with the Fit Premises Act;
(ii) Provide and maintain Essential Services; and
(iii) Make all repairs not caused by Tenant’s misuse, waste, or neglect.
(b) Tenant Obligations. Tenant shall:
(i) Keep the Premises clean and sanitary;
(ii) Dispose of all waste properly;
(iii) Use plumbing, electrical, HVAC, and appliances in a reasonable manner; and
(iv) Promptly notify Landlord in writing of any condition requiring repair.
(c) Habitability Notice & Cure. If Landlord fails to supply Essential Services or maintain habitability, Tenant may deliver a written notice specifying the breach and allowing Landlord at least [3] days (Essential Services) or [10] days (other habitability issues) to cure, as permitted under the Fit Premises Act. Tenant’s statutory remedies—limited rent abatement, repair-and-deduct, or termination—shall be exercised strictly in accordance with that Act.

3.8 Alterations; Improvements

Tenant shall not make any alteration, improvement, or addition without Landlord’s prior written consent, which consent may be conditioned on Tenant’s agreement to restore the Premises. All fixtures shall, at Landlord’s election, become Landlord’s property without compensation to Tenant.

3.9 Insurance

Tenant shall obtain and maintain at its cost renter’s liability insurance with minimum limits of $[AMOUNT] per occurrence and shall name Landlord as an additional insured. Proof of coverage shall be provided prior to occupancy and upon renewal.

3.10 Entry by Landlord

Landlord or its agents may enter the Premises upon at least 24 hours’ prior notice (or without notice in an emergency) for inspection, repairs, maintenance, or to show the Premises to prospective purchasers or tenants, all in conformity with Utah law.

3.11 Assignment & Subleasing

Tenant shall not assign this Agreement or sublease any portion of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any unauthorized assignment or sublease is void and constitutes an Event of Default.

4. REPRESENTATIONS & WARRANTIES

4.1 By Landlord
(a) Authority. Landlord has full right and authority to enter into and perform this Agreement.
(b) Title. Landlord holds legal title to the Premises and has not granted any other possessory rights inconsistent with this Agreement.
(c) Compliance. To Landlord’s knowledge, the Premises presently complies with all applicable housing codes.

4.2 By Tenant
(a) Capacity & Authorization. Tenant has the legal capacity to enter into and perform this Agreement.
(b) Accuracy of Information. All rental applications and information provided by Tenant are true and complete in all material respects.
(c) Intended Use. Tenant will occupy the Premises solely for residential purposes and in accordance with Section 3.5.

4.3 Survival. The representations and warranties herein shall survive the execution and delivery of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant
(a) Compliance with Laws. Tenant shall comply with all applicable federal, state, and local laws, regulations, and ordinances.
(b) Obligation to Pay Rent. Tenant shall timely pay all monetary obligations without offset, except as expressly permitted by statute.
(c) Mitigation of Damages. Upon any damage to the Premises, Tenant shall take reasonable steps to mitigate further harm.

5.2 Negative Covenants of Tenant
(a) No Pets. [Insert “Pets are prohibited” OR “Pets are permitted per attached Pet Addendum.”]
(b) No Commercial Activity. Tenant shall not conduct or permit any commercial or for-profit enterprise on the Premises without Landlord’s written consent.
(c) No Structural Modifications. Tenant shall not alter structural components, electrical, or plumbing systems.

5.3 Notice Obligations & Cure Periods
Tenant shall give written notice of any breach by Landlord within a reasonable time, specifying the nature of the breach. Landlord shall have the Cure Period provided in Section 3.7(c), unless a different period is mandated by Utah law.

6. DEFAULT & REMEDIES

6.1 Events of Default
Each of the following constitutes an “Event of Default”:
(a) Failure to pay Base Rent or Additional Rent when due;
(b) Material breach of any covenant, representation, or obligation herein;
(c) Abandonment of the Premises;
(d) Conduct constituting a nuisance or unlawful activity; or
(e) Material misrepresentation by Tenant in any communication to Landlord.

6.2 Notice & Cure
(a) Monetary Default. Landlord may serve a 3-day notice to pay or vacate in accordance with the Unlawful Detainer Statute.
(b) Non-Monetary Default. Landlord may serve a 3-day notice to cure or vacate for curable breaches, and a 3-day unconditional notice for non-curable breaches (e.g., waste, criminal activity), all as permitted by statute.
(c) Landlord Default. Tenant shall provide written notice and allow Landlord at least [10] days to cure, unless otherwise required by the Fit Premises Act.

6.3 Remedies
Upon an uncured Event of Default, Landlord may pursue any combination of the following, subject to Utah law:
(i) Termination of this Agreement;
(ii) Summary eviction and an order of restitution under the Unlawful Detainer Statute;
(iii) Recovery of unpaid Rent, future Rent (subject to mitigation), damages, and attorney fees;
(iv) Application of the Security Deposit; and
(v) Injunctive or other equitable relief to protect Landlord’s property interest.
[// GUIDANCE: Utah allows expedited possession proceedings; confirm current filing fee, summons, and hearing timelines in the district court or justice court with territorial jurisdiction.]

6.4 Attorneys’ Fees & Costs
The prevailing Party in any action or proceeding arising out of this Agreement shall be entitled to its reasonable attorneys’ fees, court costs, and collection expenses.

7. RISK ALLOCATION

7.1 Indemnification by Tenant

Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees (collectively, “Landlord Indemnitees”) from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) Tenant’s use or occupancy of the Premises, (ii) breach of this Agreement, or (iii) negligent or wrongful acts or omissions of Tenant or Tenant’s invitees, except to the extent arising from the gross negligence or willful misconduct of Landlord Indemnitees.

7.2 Limitation of Landlord Liability

Landlord’s liability to Tenant for breach of this Agreement or any statutory duty shall be limited to actual, direct damages not to exceed the greater of (i) the Security Deposit, or (ii) twelve (12) months of Base Rent, except for damages resulting from Landlord’s gross negligence or willful misconduct.

7.3 Insurance Requirements

See Section 3.9. Failure to maintain insurance is a material breach and Event of Default.

7.4 Force Majeure

Neither Party shall be liable for failure to perform its non-monetary obligations where such failure is due to acts of God, governmental action, war, terrorism, labor disputes, or other events beyond such Party’s reasonable control, provided that the affected Party promptly notifies the other and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law
This Agreement and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Utah, including the Utah Fit Premises Act, the Security Deposit Act, and the Unlawful Detainer Statute, without regard to conflict-of-law principles.

8.2 Forum Selection
The Parties consent to exclusive jurisdiction and venue in the [INSERT COUNTY] District Court, Housing Division (or any successor “state housing court”) having jurisdiction over the Premises.

8.3 Arbitration
Arbitration is expressly excluded.

8.4 Jury Trial
Each Party retains its constitutional right to a trial by jury; no jury-trial waiver is intended or effective.

8.5 Injunctive Relief
Nothing herein limits Landlord’s right to seek immediate injunctive relief, including but not limited to an order of restitution or permanent injunction to recover possession of the Premises or to abate a nuisance.

9. GENERAL PROVISIONS

9.1 Amendments & Waivers
No amendment or waiver of any provision shall be effective unless in writing and signed by both Parties. Any waiver shall be strictly construed and shall not operate as a waiver of any future breach.

9.2 Assignment & Delegation
Except as provided in Section 3.11, neither Party may assign its rights or delegate its obligations without the other Party’s prior written consent. Any prohibited assignment is void.

9.3 Successors & Assigns
Subject to Section 9.2, this Agreement shall bind and benefit the Parties and their respective heirs, successors, and permitted assigns.

9.4 Severability
If any provision is declared invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve its original intent.

9.5 Entire Agreement
This Agreement, including any addenda and schedules, constitutes the entire agreement between the Parties with respect to the subject matter and supersedes all prior negotiations, understandings, or agreements.

9.6 Counterparts; Electronic Signatures
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together constitute one agreement. Electronic signatures and electronic transmission of executed counterparts (e.g., PDF) are deemed original signatures for all purposes.

9.7 Notices
All notices required hereunder shall be in writing and delivered (i) in person, (ii) by certified U.S. Mail, return-receipt requested, or (iii) by nationally recognized overnight courier, to the addresses set forth below (or such other address as a Party may designate in writing). Notice is effective on the earlier of actual receipt or the date delivery is refused.

Landlord Notice Address: [ADDRESS]
Tenant Notice Address (Premises): [PREMISES ADDRESS] and [ALTERNATE ADDRESS OR EMAIL, if any]

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _____
Name: _____
Title: ________

TENANT(S):

1. ---

   [TENANT NAME]

2. ---

   [ADDITIONAL TENANT NAME, if any]

Date of Signatures: _______

[// GUIDANCE: Notarization is not generally required for residential leases in Utah but may be added for additional evidentiary protection. If notarization is desired, insert appropriate jurat below.]