Utah Sublease of an Apartment - Real Estate Rental
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FAQ
Sublease and Assignment Provisions in UtahThe tenant may sublease the unit unless the lease states otherwise. If a landlord wants to control the subleasing of the rental unit, the lease should make sure the lease contains a clause addressing subleasing.
Utah is slightly landlord-friendly. The state does not have rent control and does not limit fees, but there are several business practices that landlords must abide by. On the other hand, landlords can evict fairly quickly. The information for this answer was found on our Utah Landlord Tenant Rights answers.
Utah landlords have the legal right to collect rent payments on time, send a notice for the lease termination if the tenant doesn't comply with the required rules, and use the security deposit to deduct costs from damages that go beyond reasonable wear and tear.
Subletting is illegal if a tenant needs their landlord's permission to sublet and they do so without getting it. It's also illegal if a tenant sublets a property when their tenancy agreement says they're not allowed to.
How to Sublet Your ApartmentCheck your local laws.Choose a qualified subtenant.Request a rent deposit from your subtenant.Finalize a sublet agreement.Get your landlord's approval.Collect and store a security deposit.Set up rent payments.
In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
The most common clause requires the leaseholder to obtain the freeholders consent to subletting (a qualified covenant). The clause may require the leaseholder to provide a copy of the tenancy agreement and covenants to be entered directly with the freeholder.