Can I Sue My Landlord in Utah?
Yes — in many situations. These are the main claims Utah tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | If the owner fails to comply within five business days after the renter's statutory notice, the renter may recover the full deposit, the full prepaid rent, and a $100 civil penalty; court awards costs and attorney fees to the prevailing party if the other side acted in bad faith. Renter is not entitled to this relief without first serving the notice under 57-17-3(3). Current version effective 7/1/2024 (amended 2023 ch. 401). Source: Utah Code 57-17-5 |
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| Deposit return deadline | No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Current version effective 5/7/2025. Refund may be mailed or delivered to the last known address, or sent electronically by a means the renter provided. Source: Utah Code 57-17-3(2)-(5) |
Free Utah security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Unlawful for an owner to willfully exclude a tenant from the premises in any manner except by judicial process (abandoned premises excepted). Utah Courts guidance: without a court order a landlord cannot change the locks, turn off utilities, or take the tenant's belongings. No specific utility-shutoff statute or fixed damages amount was located; utility statement is from Utah Courts self-help (https://www.utcourts.gov/en/self-help/case-categories/housing/landlord/eviction-tenant.html). Source: Utah Code 78B-6-814 |
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Your landlord retaliated after you complained
| Landlord retaliation | No statute — Utah has no general law barring landlord retaliation (for example, for complaining about repairs). One limited rule: an owner may not restrict a renter's ability to ask a public safety agency (such as police or fire) for help, and may not penalize or evict a renter for making reasonable requests for that help. Federal fair housing law separately bars retaliation for asserting fair housing rights. Section 57-22-5.1 is amended effective Jan. 1, 2027; the public-safety-assistance rule is kept in the new version. |
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Your landlord won't make repairs
| Repair and deduct | Yes. After a written notice of deficient condition, if the owner fails to take substantial corrective action within the corrective period (3 calendar days for habitability standards; 10 calendar days for lease requirements), the renter may repair and deduct up to two months' rent (keeping receipts and giving copies within five days after the next rental period begins). Renter must be in compliance with renter duties in 57-22-5. Dangerous conditions: owner must begin remedial action within 24 hours of notice by any reasonable means (57-22-6(3)). Current version effective 7/1/2024. Source: Utah Code 57-22-6(1), (4)(a)(ii) |
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| Withholding rent | No general withholding right. Instead, the renter may elect 'rent abatement' in the deficient-condition notice: if the owner fails to act within the corrective period, rent abates from the notice date, the lease terminates, the owner must return the entire deposit and prorated prepaid rent, and the renter must vacate within 10 calendar days. Source: Utah Code 57-22-6(4)(a)(i) |
| Mold | No statute — the Utah Fit Premises Act does not mention mold. Mold is governed by the general duty to keep the unit fit for human habitation and in accordance with local ordinances and local board of health rules, and not to rent premises unless they are safe, sanitary and fit for human occupancy. The act applies only to conditions that materially affect the physical health or safety of the ordinary renter. The renter's remedies (repair-and-deduct or rent abatement, or termination) require written notice and a reasonable time to correct (57-22-6). Duties may be reallocated by an explicit written agreement signed by both parties (57-22-3). |
| Pests & bed bugs | No statute — no pest or bed-bug provision in the Fit Premises Act. Infestations fall under the safe-and-sanitary duty and local health-department rules when they materially affect health or safety. The renter must keep the unit clean and safe, dispose of garbage properly, and comply with local board of health rules. Local health department regulations may address infestations. |
| Heat | Yes. Each rental unit must have heating (along with electrical systems, plumbing and hot and cold water), and the owner must maintain the heating system. State law sets no minimum indoor temperature or heating season; local ordinances and board of health rules may. Source: Utah Code 57-22-3(1); 57-22-4(1) |
Free Utah repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | At least 24 hours' prior notice of entry, except as otherwise provided in the rental agreement. The lease can change this rule. A renter may not use a violation of 57-22-4(2) as a basis to excuse lease compliance or to sue the owner (57-22-4(9)). Source: Utah Code 57-22-4(2) |
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| Cameras & privacy | No landlord-specific camera statute. Since May 7, 2025, it is a crime (class A misdemeanor; third-degree felony in aggravated cases) to intentionally use any technology to secretly record an individual, without knowledge or consent, for the purpose of viewing a part of the body for which the person has a reasonable expectation of privacy, under circumstances where the person reasonably expects privacy. Utah is a one-party consent state for audio interception. Unless the rental agreement says otherwise, the owner must give at least 24 hours' notice before entering the unit. The voyeurism statute was renumbered from former 76-9-702.7 in the 2025 criminal code recodification (now 76-12-306 to -308). Interception statute: https://le.utah.gov/xcode/Title77/Chapter23A/C77-23a-S4_1800010118000101.xml. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | Yes. The Utah Fair Housing Act prohibits refusing to rent, discriminating in terms, and discriminatory advertising or application forms because of source of income, defined as the verifiable condition of receiving federal, state, or local assistance or being a tenant receiving government subsidies, including rental assistance or rent supplements. The state act preempts local housing-discrimination ordinances. |
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Other claims tenants bring in Utah
| Constructive eviction (conditions forced you out) | No Utah statute uses the term "constructive eviction," but the Utah Fit Premises Act lets a renter end the lease over unfixed conditions. The renter serves a written notice of deficient condition describing each problem, the owner's correction period (3 calendar days for a habitability standard, 10 for a lease requirement), and the remedy the renter chooses. If the renter chose the rent-abatement remedy and the owner does not take substantial action to fix the problem in time, rent is abated from the notice date, the lease ends, the owner must immediately refund the entire security deposit and prorated prepaid rent, and the renter must move out within 10 calendar days. The remedy is not available for conditions caused by the renter, family or guests. For a dangerous condition (substantial risk of imminent loss of life or significant physical harm), the owner must start repairs within 24 hours of any reasonable notice, but that notice alone does not trigger the lease-ending remedy. Whether Utah courts also apply a common-law constructive-eviction doctrine is not addressed in the statute. Source: Utah Code § 57-22-6 |
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| Injuries on the property | To protect the physical health and safety of the ordinary renter, an owner may not rent premises unless they are safe, sanitary and fit for human occupancy, and must keep common areas sanitary and safe and maintain electrical, plumbing, heating and hot and cold water systems (and any air conditioning) in working condition. The Fit Premises Act does not itself set a rule for personal-injury lawsuits; whether a landlord is liable for a particular injury is decided by the courts under negligence law. Talk to a lawyer about any injury claim — filing deadlines apply. Source: Utah Code § 57-22-3(1) |
Where and when to sue
| Small claims limit | $20,000, including attorney fees but not court costs or interest (Jan. 1, 2025 through Dec. 31, 2029; rises to $25,000 on Jan. 1, 2030). Small claims cases are for money only; you cannot sue a government agency or bring an eviction in small claims. The 2030 increase is taken from the statute as summarized in the state record; the court page states the current $20,000 limit. |
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| Small claims filing fee | $60 for claims of $2,000 or less; $100 for over $2,000 to under $7,500; $185 for $7,500 up to $20,000 (effective May 6, 2026). A fee waiver may be requested. Fee waiver: https://www.utcourts.gov/en/self-help/legal-help/procedures/waiver.html Source: Utah Courts, Court Fees |
| Deadline to sue on a written lease | 6 years for an action on a contract, obligation or liability founded on an instrument in writing (written lease). 4 years for a contract, obligation or liability not founded on a written instrument (oral lease), running from the last charge or last payment. Sec. 78B-2-309 amended 2025 (Ch. 76) for credit agreements; the written-contract period is unchanged. |
How small claims court works in Utah →
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.