Utah Residential Rental Agreement Template (Page 4 of 5) in pdf

Page 4

days before the end of the month or rental period, and (b) LANDLORD shall provide statutory notice of 15

days or more prior to the end of the rental period pursuant to U

. § 78-36-3 (1953).

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26. ABANDONMENT: Pursuant to U

. § 78B-6-815 (2008), abandonment shall be presumed

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in either of the following two situations: (1) The TENANT fails to pay rent within 15 days after the due date,

TENANT fails to notify the LANDLORD that TENANT will be absent from the premises, and there is no

reasonable evidence that TENANT is occupying the premises other than the presence of TENANT’S

personal property. OR: (2) The rent has been due and unpaid for 1 day or more, TENANT fails to notify the

LANDLORD that TENANT will be absent from the premises, TENANT’s personal property has been

removed from the premises, and there is no reasonable evidence that TENANT is occupying the premises.

In the event of an abandonment as above described, LANDLORD will retake the premises and endeavor to

re-rent them at a fair market value for TENANT’S benefit. TENANT will remain liable for all rents and other

sums due under this lease through the remainder of the lease term, or, until the premises are re-rented

including all costs incurred to advertise, restore and re-rent the premises. LANDLORD will remove and

store for 30 days any personal property left by TENANT, after which time it will be sold or donated to charity

unless TENANT pays the actual moving and storage costs within such 30 day period, as per the procedure

enumerated in U

. § 78B-6-816 (2008).

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27. WAIVER: If LANDLORD fails to exercise any right under this agreement, or fails to demand strict

compliance with its terms, or accepts partial compliance, such failure or acceptance of partial compliance

shall not be deemed a waiver of any such rights or terms or right to full compliance. LANDLORD’S

acceptance of rent with the knowledge that TENANT is in default as to any other terms of the lease shall not

be deemed a waiver of any such default.

28. POSSESSION: In the event that LANDLORD is unable to deliver possession on the agreed date, either

party may terminate this agreement upon written notice to the other party at their last known address. It is

agreed that neither party shall have liability to the other, except LANDLORD shall immediately refund to

TENANT all sums previously paid.

29. ATTORNEY FEES: In the event that legal action is undertaken by any party to enforce the terms of

this lease or to recover possession of the premises, the prevailing party shall be entitled to recover from the

other party all costs incurred in connection with such action, including reasonable attorney fees and

collection costs, with or without suit.

30. NOTICES: All notices required or given pursuant to this lease shall be in writing and served in

accordance with state law. Where notice requirements are not spelled out by law, notices shall be sent via

first class mail to the TENANT at the address of these premises, to LANDLORD at the address for payment

of rent, or by hand delivery to any party.

31. SEVERABILITY: Should any provision of this lease be held to be invalid or unenforceable, the

remainder of the lease shall not be affected thereby.

32. RENT INCREASE: LANDLORD reserves the right to increase the rent on the subject premises during

the initial term of this lease by a maximum of 10% upon 30 days written notice, if required as a result of an

increase in utilities, insurance, taxes, or other operating expenses.

33. ADDITIONAL RENT: All sums owed under this Agreement shall be deemed additional rent.

34. TIME: Time is of the essence in this agreement.

35. LANDLORD’S DISCLOSURE REGARDING TOBACCO SMOKE: (check one) ☐ Smoking is

absolutely forbidden in or around these premises, or, ☐ Smoking is allowed in other units, and tobacco

smoke from those units may drift into the unit that is the subject of this Agreement.

TENANT’S ACKNOWLEDGMENT: By signing below, TENANT acknowledges having been informed

that tobacco smoke may drift into the unit that is the subject of this Agreement. TENANT hereby waives

any right to a cause of action for nuisance under U

. § 78B-6-1106 (2008).

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Utah Residential Rental Agreement Template Page 4

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