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Roaches? Mold? Tenants' Rights in Utah

You may have heard the phrase "implied warranty of habitability" as it applies to the condition of an apartment or other rental unit. If you've signed a lease and moved in to your apartment only to discover cockroaches, mold, or other livability issues, you may be wondering if you have to live there, and if your landlord is required to fix the problem.

The Utah Fit Premises Act, found in Title 57 Chapter 22 of the Utah Code, discusses the rights and responsibilities of both landlords and tenants.

Utah Code ยง57-22- 3(1) states: "Each owner and his agent renting or leasing a residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with local ordinances and the rules of the board of health having jurisdiction in the area in which the residential rental unit is located. Each residential rental unit shall have electrical systems, heating, plumbing, and hot and cold water." (emphasis added)

To find your county or city ordinances, visit the Utah City and County Government page. For example, the St. George city ordinance on fit premises is found at Title 4 Chapter 7. To find your local ordinance, try using the search terms "fit premises," "habitation," or "nuisance."

For more information about your rights as a tenant, check out the Utah Renters Handbook and the Landlord-Tenant page on the Court's website.


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