Breaking a Lease Early in Utah: What Are My Options?

If you leave without a legal reason

1. 1

   If you leave early without a legal reason, your landlord may use your deposit for unpaid rent and cleaning. It may cover damage beyond reasonable wear and tear (normal use over time). It may cover other costs and fees your lease names.

   Source:

   1. § 57-17-3(1), Utah Legislature. Law.
   Tip.

   Read your lease before you decide. Check whether it lets you end it early and what penalty you must pay.

When you can leave early

2. 2

   If your home breaks a standard for a fit home, you can send your landlord a written notice that picks rent abatement (your rent stops). The law gives your landlord 3 calendar days, stated in your notice, to take substantial action to fix it. If your landlord does not, your lease ends and your rent stops from the notice date. You must have met all your renter duties.

   Source:

   1. Utah Code § 57-22-6(4)(a)(i), Utah Legislature. Law.
   Think before you call an inspector.

   You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

   Tip.

   Write down each problem, every time you contacted your landlord, and the day you moved out.

3. 3

   Rent abatement (your rent stops) covers a problem that breaks a standard for a fit home, or a requirement in your lease. It does not cover a problem caused by you, your family or your guests. It does not cover one caused by a use that breaks your lease or a law for your use of the home.

   Source:

   1. Utah Code § 57-22-6(1)(b), Utah Legislature. Law.

How to leave

4. 4

   To use rent abatement (your rent stops), your written notice must describe each problem. It must say how many days your landlord has to fix each one. It must name the option you chose. It must let your landlord come in to repair. Serve it as the notice law or your lease says.

   Source:

   1. Utah Code § 57-22-6(2), Utah Legislature. Law.
   Tip.

   Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

5. 5

   Say you chose rent abatement (your rent stops). If your landlord takes no substantial action in time, the law gives you 10 calendar days to move out. Those days start when the time to fix it ends. That time is 3 calendar days for a fit-home standard and 10 for a lease requirement.

   Source:

   1. Utah Code § 57-22-6(4)(a)(i)(D), Utah Legislature. Law.

After you move out

6. 6

   The law gives your landlord 30 days after you move out and return the home to send your deposit balance and any prepaid rent balance. If your landlord takes money out, your landlord must also send a written notice that lists each amount and why.

   Source:

   1. Utah Code § 57-17-3(2), Utah Legislature. Law.
   Tip.

   Before you leave, clean the home and take photos of how you left it.

7. 7

   If your landlord misses the 30-day deadline, you can serve a written notice. The law gives your landlord 5 business days after it is served to send your money. If your landlord does not, you can recover the full deposit, the full prepaid rent and a $100 penalty. Example: with an $800 deposit, you can claim $800 plus $100, or $900. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. Utah Code § 57-17-3(5), Utah Legislature. Law.
   3. Utah Code § 57-17-5(1), (3), Utah Legislature. Law.
   Tip.

   This is only an example to show how the rule works. If it goes to court, a court decides the real amount.

8. 8

   Say you chose rent abatement (your rent stops). If your landlord takes no substantial action in time, your landlord must immediately pay you your entire security deposit. It must pay a prorated refund (a share based on the days left) of any prepaid rent.

   Source:

   1. Utah Code § 57-22-6(4)(a)(i)(C), Utah Legislature. Law.
9. 9

   If your landlord says you owe more, a debt collector may call or write to you. The collector must tell you how much, who it is for and how to say it is wrong. You have 30 days to write back and say so. Then the collector must stop trying to get that money until it answers you.

   Sources:

   1. Our editorial rules.
   2. What information does a debt collector have to give me, Consumer Financial Protection Bureau. A government guide.
   3. What should I do when a debt collector contacts me, Consumer Financial Protection Bureau. A government guide.
10. 10

    Your landlord can take money from your pay or benefits only after winning in court. The court must issue a judgment (the court's final decision) that you owe the debt. If you are sued, do not ignore it. You can lose the case if you do not go to court.

    Sources:

    1. Our editorial rules.
    2. Can a debt collector take or garnish my wages, Consumer Financial Protection Bureau. A government guide.
    Tip.

    If you get court papers, do not ignore them. Go to court, or you can lose the case.

    From Consumer Financial Protection Bureau.

Special protections

11. 11

    If you are a victim of domestic violence, you can end all your future lease duties. You must be following your lease duties, unless the law says otherwise. You must pay a fee equal to one month of rent. Pay it on the later of the day you send your notice or the day you move out. You cannot do this after an eviction notice is served on you.

    Source:

    1. Utah Code § 57-22-5.1(4), Utah Legislature. Law.
12. 12

    To end your lease for domestic violence, send your landlord a written notice with the date you plan to move out. You can choose a court order that protects you. If you feel safe, you can choose a copy of a police report. The report must show you are a victim and not the main aggressor (the person who caused most of the harm). It can also help to write down what happened.

    Sources:

    1. Our editorial rules.
    2. Utah Code § 57-22-5.1(4), Utah Legislature. Law.
13. 13

    If you end your lease for domestic violence, you must move out within 15 days after you give your landlord the written notice. You owe rent for the days you stay in that time, and any rent, fees, damage or other costs from before your notice. The lease stays in force for anyone else with a right to live in the home under it.

    Source:

    1. Utah Code § 57-22-5.1(8), Utah Legislature. Law.