Utah Renter`s Guide - BYU Off
Contents
1. Rentin A User Manual UTAH APARTMENT ASSOCIATION Utah s Leading Advocate For Quality Rental Housing 448 East 6400 South Suite 460 Murray Utah 84107 80 506 0204 Fax 801 484 8649 www uaahq org ee E _ p gt Call before you move in and get the Comcast Advantage dA One Bill Three Great Services One Phone Call Po F a ntroduction lt Better Information Better Choices Whether you re renting your first apartment moving to a new city or just want to move closer to friends or work one of the most important decisions you ll make is where to live Renting an apartment can be a quick easy and affordable way to make your dream of a new home come true Like other important purchases however the more information you have the better decision you can make That s why we prepared this brochure We are the Utah Apartment Association Utah s statewide rental property association representing thousands of rental property owners management professionals and apartment builders who operate rental housing statewide We want to make sure your experience as a renter is aS enjoyable and hassle free as possible UAA members are committed to maintaining the highest professional standards Our members Support a stringent Code of Ethics and endorse a Resident s Bill of Rights We hope this guide will help you find an apartment that is right for you Importance of Rental Housing to Utah2. According to the U S Census about 200 000 households or approximately 28 5 of Utah residents are renters Renters make up a Significant population of all regions of the state and come from every social and economic group Most people choose renting because it s affordable easy and flexible Before You Rent Without quality rental housing the economy of Utah would not be able to grow and there would not be as many options for people to live in this great State How Much Rent Can Afford There is no hard and fast rule about how much rent you can afford The amount varies depending on what area you live in how much money you make what other financial obligations you have utilities credit cards car payments student loans etc what kind of credit you have and whether or not someone else like your parents is paying or guaranteeing your rent The same holds true for any roommates you might have A reasonable fig ure is Somewhere between 30 to 40 percent of your income Where Do I Want To Live When beginning your search for a new home make a list of what you are looking for in an apart ment How many bedrooms do you need Do you need laundry facilities Parking Storage How far are you willing to be from your work or school You can find different apartment listings many dif ferent ways If you already Know the neighborhood Or apartment community you want to live in just contact the landlord directly Signs
3. the Fair Housing Act requires the landlord make reasonable accommodations that are relevant to your disability This means if a medical professional attests that you have a quali fied disability and require a service animal the landlord must allow it but can have you fill out relevant forms If your landlord has questions about this law have them call the UAA at 801 487 5619 or Fair Housing at 801 524 6097 What if a landlord does not return my deposit A landlord has 30 days from move out or 15 days from receiving a forwarding address whichever is later to send a list of the charges the deposit was applied to including cleaning and damages or return all or some of it If they violate this law you may sue them in district or small claims court for a 100 statutory penalty court costs and up to the amount of the deposit For what repairs am responsible You are generally responsible for any damages caused by you Check your rental agreement for more information Are oral agreements enforceable Maybe a court would have to decide but don t risk it Require every agreement you make with the landlord to be in writing Good landlords won t hesitate to put everything in writing Can have a significant other or friend move in with me It depends on the rental agreement but most likely not without the landlord s permission The rental agreement will likely authorize only certain people to live there and you mus
4. pay by check or money order This pro tects you incase there is a dispute over payment If your landlord accepts cash be sure to ask for a re ceipt Guests A landlord may set reasonable rules about the length of time guests can stay with you These are usually spelled out in your rental agreement Restrictions based on age race gender gender identification or sexual orientation are not legal A landlord cannot object to overnight guests based on religious or moral views After the rental agreement s time limit for a guest has passed the landlord may ask your guest to fill out an application to rent and sign a rental agree ment If you allow guests to stay longer without the landlords permission they can petition the court to remove you A landlord can give you a written 3 day notice if you have done any of the following Failed to pay the rent Violated any term of your rental agreement Damaged the apartment Disturbed other residents Use the apartment for illegal purposes The 3 day notice will tell you either 1 that you must do something within three days to correct the problem for example pay any past due rent or stop violating a rule or term of your rental agreement or 2 that the problem cannot be fixed by you and that you must leave within three days If you have questions you should consult an attorney or Legal Aid Call Your Landiord First DACE A E k NESPONSE Moving Qut If t
5. the resident moves in which establishes the terms of the tenancy such as the amount of the rent and when it is due Retaliatory eviction or action An act by a landlord such as raising a resident s rent seeking to evict a resident or other wise punishing a resident because the resident had used the repair and deduct remedy or has asserted other resident rights Security Deposit A Deposit or a fee that the landlord requires the resident to pay at the beginning of the tenancy The landlord can use the security deposit for example if the resident moves out owing rent or leaves the apartment damaged or less clean than when the resident moved in Thirty day notice A written notice from a landlord to a resident telling the resident that the month to month tenancy will end in 30 days SURE IT S ABOUT THE CONNECTION BUT IT S ALSUJABOUT THE CONNECTING Getting connected is easy with high speed Intemet from Qwest E mail photos Slay games online and download your favorite songs all faster than dial up and for less than the ost of cable And when you bundle with other qualifying St Services youll Save even more each month One more way Qwest brings more life into your life 7 ol Mia 4 E j a g A h i P A i Ta mine mm LA i Sr Pa 7 mh Pari n iinet A it P si a J P d ty 4 3 T F p i E TE y ISI a i a F if aly E yj Le ka fo Uf a U Vie ta af T il l it Ute 1 W S i Spirit of Service HIGH
6. SPEED INTERNET
7. agreement The rental application is like a job or credit application The landlord will use it to determine if you qualify under their rental criteria A rental application will usually ask for the following information The names addresses and telephone numbers of your current and past employers and landlords The names addresses and telephone numbers of people you can use as references The names of the individuals who will be residing in the apartment with you Give the landlord as much information as possible This will help them evaluate you as a risk and make a decision about whether or not you qualify under their rental criteria Credit Report Typical Questions The landlord may also ask you for authorization to get a copy of your credit report which will show him her how you have handled your financial obligations in the past A landlord will prefer to rent to someone who has a good history of paying rent and other bills on time The landlord CAN ask you the following What Kind of a job do you have and how long have you worked there How much money do you earn and how often are you paid How many people will be living in the apartment The landlord CANNOT ask you the following Your race ethnicity or national origin Your religion or religious beliefs Your gender or sexual orientation Your age or whether you have children under the age of 18 living with you they can ask you if
8. e landlord is responsible for making less Serious repairs is usually spelled out in the rental agreement Residents are required to take reasonable care of the apartment and common areas You are responsible for damage you cause or caused by anyone for whom you are responsible including you your guests and your pets When Can the Landlord Enter Your Apartment A landlord may enter your apartment for the fol lowing reasons In an emergency When you move out or if you abandon the apartment To make necessary or agreed upon repairs or other improvements To show the apartment to prospective resi dents purchasers or lenders To provide entry to contractors To conduct an inspection Ifa court permits it Moving In Except in an emergency or with your permission the landlord must give you reasonable advance notice before entering your apartment The law considers 24 hours notice advance written no tice to be reasonable in most situations but in some cases less notice is acceptable Try to work with your landlord if they need to enter Payment of Rent A rental agreement will state when the rent is due generally on the first day of each month Make Sure you understand exactly when the rent is due where you should send payment and what the policy is regarding late fees and late payment of rent If you pay by mail be sure you mail your pay ment early enough to arrive when it is due Be pre pared to
9. ental criteria consider renting from some one who does It is illegal for a landlord to refuse to rent to some one or to give preference based on any of these factors That doesn t mean a landlord has to rent to you if you are In a protected class He she just can t say no to you exclusively based on those factors They could however still say no for legiti mate reasons such as criminal history poor credit Or poor references In addition to these federal protected classes Utah has made source of income a protected class This means landlords cannot refuse to rent to you based on where your rent money comes Lead Paint Disclosure Any landlord who is renting a property that was built before 1978 must disclose to you what they know about lead paint Ingesting lead paint chips or inhaling lead paint dust has been proven harmful to children and pregnant mothers Be cause of this the Environmental Protection Agency EPA requires that when you renta property built before 1978 that your landlord do three things 1 Give you a copy of the pamphlet How to P ro tect Your Family from Lead in the Home pub lished by the EPA Copies can be downloaded at www epa gov lead pubs leadpdfe paf 2 Disclose any Knowledge they have of lead paint in the property 3 Sign a lead paint disclosure addendum There are significant fines for landlords who do not comply with this law If you are working with a landlord who does not unders
10. he rental agreement does not specify you must give 15 days notice that you intend to move out prior to the end of the term Many times the rental agreement requires a longer notice such as 30 or 60 days If you don t intend to renew or extend your lease you should give notice as well or the lease may revert to a month to month agreement To avoid misunderstanding keep a copy for your records date the notice state the date you be leaving and give it to the landlord in plenty of time If you move out of your apartment before your lease or the notice requirement period is over the landlord is entitled to receive rent from you for the balance of the term However if the landlord is able to collect rent from a new resident you are entitled to a pro rata refund of the rent paid The landlord cannot collect rent twice for the same apartment sits A landlord may use your security deposit to Clean the apartment when you move If the apartment is not as clean as when you moved in Repair damages other than normal wear and tear Cover unpaid rent or balances due Your landlord must refund your security deposit or provide you with an accounting of how your security deposit was spent within 30 calendar days after you move out Make sure you give the landlord a forwarding address Common Questions amp Answers have a disability Is the landlord required to allow me an assistive animal If you are disabled
11. landlord explain it so that you do Make sure you keep a copy of all documents and paper work Be sure you and your landlord complete an in Spection sheet prior to move in and keep a copy This will help prevent disputes at move out time over what the condition was like when you moved in something have your landlord explain it so that you do Make sure you Keep a copy of all docu ments and paperwork Be sure you and your landlord complete an in Spection sheet prior to move in and keep a copy This will help prevent disputes at move out time over what the condition was like when you moved in Inspecting the Apartment Prior to Move In What to Look For Before you decide to rent you should carefully inspect the apartment with the landlord Make Sure that he apartment has been well main tained Ask the landlord to use a written check list SO you both agree on the condition of the apartment before you move in Look for the fol lowing problems Cracks or holes in the floor walls or ceilings Signs of leaking water or water damage in the floor walls or ceilings Leaks in the bathroom or kitchen fixtures Any signs of mold or pests Lack of hot water Inadequate heating or air conditioning Damaged flooring Ask for a copy of the checklist after it is com pleted Save it for when you move out Renters Insurance Benefits of Coverage You should seriously consider purchasing rent ers insurance The land
12. lem and awards court costs to the tenant if you win Tios For Renters Know your neighbors Get to know your neighbors In addition to friendship they can provide additional security and support in your new home Courtesies Typical Do s and Don ts Most of these are common sense Be a good neighbor Avoid making unnecessary noise respect the common areas and keep them clean Use the parking space assigned to you Be friendly and respectful with the owner or manager You will want to maintain a good relationship with your land lord This will ensure you are treated with the dignity and re spect you deserve When you call your manager about a problem or repair be respectful and calm Comply with appropriate requests If the landlord gives you a corrective notice it is important that you comply Whether it is a request to pay rent comply with the lease or to turn your music down be sure you comply Failure to do so may result in your eviction Always pay rent on time Even if you have a problem with the apartment or landlord it is important that you pay rent on time Failure to do so takes away some of your legal rights and could lead to your eviction Tips for Renters CONTRACT oe eT i i Y ur Choosing a Professional Landlord Most landlords are professionals who operate rental property for a living Others own rental units as investments or for another source of income Whichever landl
13. lord s insurance will gen erally not cover your belongings Make sure to ask Renters insurance will protect you against loss of your property by fire or theft It also protects you against liability if someone claims you in jured another person or damaged that person s property Insurance coverage in Utah for a 2 bedroom apartment can be as little as 8 per month Changing Your Address When you move it is important to notify the US Post Office of your new address so that your mail can find you Forms are available at any post of fice You may also file your change of address at WWW USDS QOV Turning on Your Utilities Atleast one week before you move into your apartment contact the local utilities including gas electricity cable water telephone sewer etc in order to turn on the utilities in your name Your landlord should be able to provide you with a list or may be able to do it for you In many in stances the utility company may charge a deposit Maintenance and Repairs An apartment must be fit to live in that is it must be habitable Generally habitable means Leak Free walls windows doors and ceilings Plumbing in good working order Gas heating and electricity in good working order Clean and sanitary buildings and grounds free from pests garbage and rodents Adequate trash receptacles in good repair Floors stairways and railings in good repair Whether th
14. ny amounts you owe the landlord when you move out including unpaid rent and damages to the property Some landlords also charge a non refundable fee that is not returned The amount of this fee varies as well Make sure you understand what is refundable Roommates Any roommate should sign the same rental agreement you did Be careful when you choose you are jointly and severally liable that IS you are each responsible for paying the entire rent even if your roommates fail to pay their share You must notify the landlord when any roommate on your rental agreement moves out If you wish to have a new roommate the landlord will probably require that you receive his her permission prior to moving in and require them to complete a rental application and agreement Pets A landlord may refuse to rent to you if you have a pet or may restrict the size of pets and may also charge you an additional security deposit if you have a pet If you do have a pet ask the landlord for a copy of their pet policy Understand aie from such as if you are receiving a housing sub sidy from the government Understand these protected class rights don t give i anyone a free pass They still must usually have good credit no criminal history and good refer There are a few federal state and local laws con ences to rent cerning rentals that you should be aware of be fore you rent If you believe a landlord has discriminated agains
15. o you get advice from Much of the advice tenants receive about their rights comes from hearsay and can sometimes be misleading or dead wrong Acting on such advice can be extremely hurtful and have long lasting consequences Make sure you have good information from reliable sources before taking any action to break a lease not pay rent or enter into conflict with the landlord Glossary Application Fee A nominal fee charged by a owner manager to cover the cost of a background check As of May 1 2006 application fees can not be regulated by local governments and are legal everywhere in Utah Credit Report A report prepared by a credit reporting service that describes a person s credit history for the last seven years except for bankruptcies which are reported for 10 years A credit report shows for example whether the person pays his or her bills on time has delinquent or charged off accounts has been evicted or sued and is subject to court judgments Criminal Report A report of a persons criminal history as an adult Discrimination in renting Denying a person housing that is not available when the housing is actually available at the time providing housing under inferior terms harassing a person in connection with housing accommodations or provid ing a segregated housing because of a persons race color religion national origin sex familial status disability or source of income Eviction A court administe
16. on properties the daily newspaper the campus housing office monthly apartment rental guides or the internet are great sources too Another way is to ask friends or family for referrals Look over the property that you are considering and see how well it is maintained Are the grounds clean and litter free Is the landscaping clean well trimmed and healthy Are the buildings and grounds well lit When touring the apartment and grounds listen for excessive noise or other disturbances that could be a problem for you If possible talk to people who live there and get their opinion Drive around the neighborhood during the daytime and the nighttime Meeting the Leasing Agent Manager Owner Keep in mind that the apartment manager owner or leasing agent Is just as interested in renting you an apartment as you are in renting one It is important to be clear about your needs and to get all of your questions answered Be prepared to provide information and verification regarding your job your income and your past rental history Make sure that you are dressed in clean neat clothing Treat this like a job interview You want to make a good impression Be polite and respectful of the manager s time Arrive on time for any appointment you make Rental Application Process Before renting to you most landlords will ask you to fill out a written rental application form A rental application is different from a rental
17. ord you choose un derstand that their skill and knowledge as a landlord will in large part determine a big part of your happiness and convenience for the foreseeable future Make sure the rental agreements they use and their policies and procedures are legitimate and upstanding One way to be comfortable with your landlord is to only do business with a landlord who Is a member of the Utah Apartment Association and has agreed to a code of ethics They are more likely to use legal agreements that have been scrutinized by professionals and are fair to both landlord and tenant They seek to be continu ally educated in landlord tenant law and princi ples of customer service Before signing any agreements ask them questions to determine their policies and knowledge and ask to see their UAA membership documentation Rental Agreements A rental agreement is a legally binding contract that provides you and the landlord Before You Sign with the ground rules of your relationship While an agreement may be oral you should always ask for a written agreement Here are a few common types of rental agreements A month to month rental agreement means you will live in the apartment and pay rent on a monthly basis A landlord is required to give you at least fifteen 15 days notice in terminating this agree ment In some cases the rental agreement will ex tend the notice requirement to be thirty 30 days notice before asking
18. red proceeding for removing a resident from an apartment because the resident has violated the rental agreement or did not comply with a notice ending the tenancy also called an unlawful detainer lawsuit Eviction Notice 3 day notice A three day notice that the landlord serves on the resident when the resident has vio lated the lease or rental agreement The three day notice usually instructs the resident to either comply with the agreement or vacate the apartment within three days for example past due rent Habitable An apartment that is fit for human beings to live in An apartment that substantially complies with building and Safety code standards that materially affects the residence to be habitable Lease A rental agreement usually in writing that establishes all the terms of the agreement and that lasts for a predeter mined fixed term length of time for example six months or one year Month to month agreement The most commonly used rental agreement It gives the resident the opportunity to move out by simply giving the required notice rather than being responsible for the full term of a lease Refer to your rental agreement Pro Rata In proportion For example if a landlord was able to re rent your apartment for 10 days during a month for which you had already paid rent You would be entitled to a rent refund of ten days Rental Agreement An oral or written agreement between a resident and a landlord made before
19. t you solely on the basis of one of these 8 factors contact the Utah Anti Discrimination Division at 801 530 6801 and they will investigate your com plaint Landlords who violate fair housing can face Serious fines io oe b i S i Ta l a oy L oe 7 a Sao Me Pa k B E ss T m T Rental Criteria To make sure they don t discriminate against pro a tected classes most landlords set up rental criteria that list the impartial objective measures they use to evaluate a potential renter Rental criteria typl x The Federal Fair Housing Act cally include guidelines and requirements concern Congress has established seven protected ng classes that are protected from discrimination in housing These protected classes are How much income you have to make to quality Race What type of credit is acceptable National Origin What type of criminal history disqualifies you Color What type of identification is required Religion Employment requirements Sex How many people may live in the apartment Familial Status having kids in the household Disabili Before you put down a deposit or pay an applica tion fee you should review a landlord s written rental criteria Having set criteria protects you from the potential of discrimination and forces the land lord to evaluate you solely on your merits If you Start to work with a landlord who does not have written r
20. t comply with your agreement or get the landlord s permission to add someone to the original agreement You can be evicted for having unauthorized tenants How much can a landlord raise rent Unless you are locked into a rental agreement the landlord can charge whatever they want for rent or raise itas much as they want as long as they are not discriminating against a person in a protected class Do have to have rental insurance Sometimes a landlord will make it a require ment Regardless you should have renters in Surance In a disaster or accident a landlord s insurance only covers their property Can I change my mind after signing a lease Not in most cases Get qualified legal advice Under what circumstances can I break my lease A rental agreement is a legally binding docu ment that cannot be broken under most circum stances Not liking the apartment marriage divorce medical reasons can t afford it loss of job or job transfer one roommate wanting to leave etc are not valid reasons for breaking a lease If you need to get out of a lease you will need to negotiate with your landlord However unless written in your lease the landlord is un der no obligation to let you out of your lease If you are in a current lease do not break it or move without first consulting an attorney famil lar with rental agreements Can ever withhold rent This is not a good idea Unlawful Detainer law allows
21. tand their obliga tions about lead paint consider working with someone else or encouraging them to contact the UAA for more information Residents With Special Needs Individuals with physical and mental disabilities have the right to rent housing free from discrimination It is illegal for landlords to refuse to rent to an individual because the person has a disability or to claim that there are no vacancies when there actually are Equal access housing for disabled persons includes the right to Keep a guide dog or service animal even if animals are not normally allowed on the property You also cannot be charged a deposit for a service animal You have the right to make reasonable modifica tions to the rental property at your own expense to accommodate your disability You must re Store the property to its pre existing condition when you leave if the modifications will create a problem for the next resident Talk to your land lord first If you have questions regarding your rights please see page 14 for contact informa tion Utah Fit Premises Act Utah Has a law called the Fit Premises Act that defines duties of landlords and tenants and out lines ways to resolve conflict Under Utah law it is never acceptable to stop paying rent In most cases Utah Law does not allow a tenant to break a lease over a rental disagreement What Utah law does allow is for a tenant to sue for per formance or in other words to fix a prob
22. the landlord to begin eviction for non payment after serving a Three Day Notice to Pay or Vacate despite the reason for withholding rent This action can have serious and long lasting effects on your credit What do do if have a problem and the land lord won t fix it Utah has a fit premises act UT Code Title 57 Chap ter 22 htto www le state ut us code TITLE57 57 18 htm that defines the rights and re Ssponsibilities of landlords and tenants This act gives a tenant the right to sue their landlord in dis trict court if they do not comply with their duties un der 57 22 4 The tenant is only entitled to sue if RENT IS PAID UP and they are complying with their duties outlined in 57 22 5 The act states that upon a showing of an unjusti fied refusal to correct or the failure to use due dili gence to correct a condition described in this chap ter the renter is entitled to damages and injunctive relief as determined by the court Remember in order to be eligible to sue under this act you must be complying with all your duties in cluding paying rent onto and maintaining the unit properly Is there anyone can call about my rights as a renter The Utah Apartment Association is a landlord s association There are some groups that help renters understand their rights but most like Utah Legal Services or some disability groups require some eligibility first in order to get help Be very careful about wh
23. you are over the age of 18 the legal age to enter into a contract Whether you have physical or mental disabilities Applicant Screening Fees When you give the manager or owner a completed application he she may charge you and any other adults named on your rental application a fee to cover the cost of obtaining a credit report on you and verifying the information on your application Before paying the application fee ask Does the landlord have rental criteria you can review before paying the fee to ensure you meet their qualifications How long will it take the landlord to review the credit report and determine If you qualify under their rental criteria Credit Issues If you re just starting a new household you may not have established any credit history Likewise if you have had problems in the past you might have poor credit If that s the case ask the landlord if he she will accept a guarantor to co sign the rental agreement or would perhaps take a larger security deposit while you rebuild your credit history Keep in mind landlords are not required to accept a guarantor or a higher security deposit Security Deposits A landlord will probably ask you to pay a security deposit as a condition of renting the apartment There is no set amount the landlord can charge and it will depend on the landlord s own business policies Security deposits are generally refundable when you move out but can be applied to a
24. you to move out On a month to month arrangement you may also move out af ter giving 15 or 30 days notice whichever Is speci fied in the agreement A lease is another form of rental agreement It States the length of the rental term The term can vary from a few months to one year or longer You will still pay the rent on a monthly basis but generally speaking you may not move out or break the lease before the term is complete There are some advantages to having a lease For example the lease establishes the terms such as the amount of the rent which generally cannot change while the lease is in effect The landlord cannot ask you to leave during the lease unless you do things like fail to pay your rent violate the terms of your lease or generally fail to abide by the rules set forth by the landlord The landlord also Cannot raise your rent during the duration of the lease unless otherwise agreed The disadvan tages of a lease is that if you need to move a lease may be difficult for you to break If you move before the lease ends the landlord may have a claim against you for the remainder of the rent for the rest of the lease or until a new resident moves in Protecting Yourself In order to make your experience renting a good experience there are certain things you should do to protect yourself Make sure you read all documents completely before signing Ask ques tions If you don t understand something have your
Download Pdf Manuals
Related Search