Utah tenant screening laws
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Utah tenant screening
Tenant screening generally means checking an applicant's credit, criminal, and rental history before approving a lease, and every landlord nationwide must follow the federal Fair Credit Reporting Act (FCRA) when doing so. Utah layers state-specific law on top of FCRA — most notably the Utah Fair Housing Act, which protects source of income as its own category, and the Utah Fit Premises Act's residential deposit rules. Utah has no specific statute governing tenant-screening-report disclosure or authorization beyond FCRA, so FCRA generally remains the controlling framework for the screening process itself. Utah's Fair Housing Act also expressly makes state law supreme over local housing-discrimination ordinances, so confirm current city code for any other local requirements.
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How to screen a tenant in Utah
- Advertise and collect applications consistently, and avoid stating a preference based on any protected class — including source of income — under the Utah Fair Housing Act.
- Get written or electronic consent before pulling a credit, criminal, or eviction report, as required under federal FCRA.
- Order the tenant screening report through a consumer reporting agency like Checkr.
- Apply your criteria uniformly, keeping in mind that source of income — including recipients of housing vouchers, rental assistance, or rent supplements — is a statewide protected class in Utah, so screening criteria generally can't reject an applicant solely for holding a voucher.
- Confirm local requirements are the same as state law, since Utah's Fair Housing Act preempts local governments from layering their own separate housing-discrimination ordinances on top of the statewide rules.
- Send an adverse action notice if you deny an applicant based on the screening report, per FCRA's requirements.
Screening rules to follow in Utah
Screening fees
Confirm any applicable local fee limits against current local code. Treat potential fee limits as a matter of local practice or lease negotiation rather than assuming a state-imposed cap.
Criminal history
Utah's Fair Housing Act lists race, color, religion, sex, national origin, familial status, source of income, disability, sexual orientation, and gender identity as protected classes (Utah Code §57-21-5). Criminal or arrest history is not included, and Utah has no state law setting a specific lookback limit on criminal records for housing decisions.
Source of income
Utah is notable here: source of income has been a statewide protected class since 2015. Utah Code §57-21-2(24) defines "source of income" broadly as the verifiable condition of receiving federal, state, or local assistance — including rental assistance, rent supplements, or a housing voucher. Utah Code §57-21-2.5 makes this chapter supreme over conflicting local ordinances, meaning the statewide protection applies uniformly and local governments generally cannot weaken (or separately regulate around) it.
FCRA and adverse action
Federal FCRA's disclosure, authorization, and adverse-action requirements (see 15 U.S.C. §1681 et seq.) are the baseline. Utah has no statute adding to FCRA's adverse-action notice requirements for tenant screening specifically.
Landlord obligations beyond screening
Security deposits
Utah's Residential Renters' Deposits chapter does not cap the dollar amount of a deposit. Under Utah Code §57-17-3 (amended effective 5/7/2025), a landlord generally has 30 days after a tenant vacates to mail or deliver the balance of any deposit and prepaid rent, along with a written itemized explanation of any deductions. If the landlord misses this and the tenant serves the statutory notice described in the same section, the landlord then has 5 business days to comply — failing that, the landlord may be required to refund the entire deposit and prepaid rent plus a $100 penalty, and possibly the tenant's attorney fees if a court finds bad faith.
Rent and eviction rules
Utah's unlawful detainer statute, Utah Code §78B-6-802, sets notice periods that vary by the grounds for eviction — for example, generally 3 business days to pay overdue rent or vacate for nonpayment, 3 calendar days to cure certain lease violations or nuisance/unlawful-business issues, 15 calendar days to end a month-to-month tenancy, and 5 calendar days to end a tenancy at will. Landlords should follow these statutory procedures for termination. When setting policies, landlords should also confirm whether any statewide or local rules apply regarding rent increase caps, local rent control, or just-cause eviction requirements.
Rules that vary by city
Utah's Fair Housing Act expressly makes state law supreme over local housing-discrimination rules (§57-21-2.5), and the Fit Premises Act separately limits county and municipal ordinances that conflict with it (§57-22-7). Confirm current municipal code in Salt Lake City, Provo, and Ogden for any city-specific tenant-screening or source-of-income requirements.
Utah's local government is organized into counties and incorporated cities and towns rather than New England-style townships. Unincorporated areas of a county are generally governed by the same statewide Fit Premises Act, Fair Housing Act, and unlawful detainer statutes as incorporated cities, and county ordinances are limited by the same §57-22-7 provision that limits municipal ordinances.
Frequently asked questions
Is source of income a protected class in Utah? Yes. Utah's Fair Housing Act protects source of income statewide, including recipients of housing vouchers and other rental subsidies, and this protection generally cannot be altered by local ordinance.
Does Utah cap security deposits? Utah has no dollar cap. State law instead sets a return-and-itemization process: generally 30 days to return the balance and explain deductions, with added penalties if a landlord misses statutory deadlines after proper tenant notice.
Does Utah have rent control? No statewide rent-control law applies in Utah. Individual Utah cities may adopt their own ordinances, and rules can change — check current state and city code on official government sites before relying on this.
Does Utah limit how landlords use criminal history? Utah has no statute setting a specific lookback limit or restriction on criminal history in tenant screening; the state's Fair Housing Act protected classes do not include criminal history.
Start a Utah tenant screening with Checkr
Checkr can help Utah landlords run consistent, FCRA-compliant tenant screening reports while applying the state's source-of-income protections fairly. Get started at tenant.checkr.com/signup to set up screening for your next applicant.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.