What Utah Tenants Should Know About Subletting
Landlord consent, lease clauses, and the steps to do it legally and safely
Subletting can be a smart solution when life changes mid-lease whether you’re moving for work, traveling, or just need help covering rent. But under Utah law, you can’t simply hand the keys to someone else without checking your lease first. This guide breaks down how subletting works, when landlord consent is required, and the right steps to do it legally and safely in Utah.
Understand What Subletting Means in Utah
Subletting means a tenant rents out their leased unit, or a part of it, to another person (a subtenant). The original lease stays in place, and the tenant remains responsible to the landlord for rent and damages. Utah law doesn’t prohibit subletting outright, but your lease likely sets the rules.
Under Utah Code § 57-22-5 (Utah Fit Premises Act), landlords can set reasonable lease terms that may restrict or condition subletting. If your lease is silent, it’s best to assume you’ll still need written permission.
Check Your Lease for Subletting or Assignment Clauses
Before taking any action, read your lease carefully. Look for terms like “no subletting,” “assignment,” or “landlord’s consent required.”
- If it says “no subletting”: You’ll need explicit written approval before renting to someone else.
- If it allows subletting with consent: Follow the procedure it outlines (often a written request or application).
- If it’s silent: Landlords generally have a fair right to review and approve who occupies their property, so ask in writing.
Failing to follow your lease terms can lead to eviction or a lease-violation claim, even if the subtenant pays rent on time.
Request Written Landlord Consent
Always ask for permission in writing. Explain who will be living there, for how long, and that you’ll remain responsible for the lease.
Create a Valid Sublease Agreement
Your sublease should clearly state:
- Rent amount and payment method
- Term of the sublease
- Rules and obligations (mirroring the original lease)
- Security-deposit handling
- Maintenance and utility responsibilities
Make sure your subtenant understands they’re bound by your lease rules — noise limits, guest policies, and property care. You, not the landlord, remain their primary point of contact.
Know Your Liability as the Tenant
Even after subletting, you’re still on the hook. If your subtenant skips rent, causes damage, or violates the lease, the landlord can pursue you.
- Collect rent directly and provide written receipts
- Inspect the unit regularly (with proper notice)
- Hold a security deposit to cover potential damage
Utah tenants often underestimate this — don’t. In your landlord’s eyes, you remain responsible.
Handle Deposits and Payments Properly
If you collect a security deposit from your subtenant, return it within 30 days of move-out, minus lawful deductions, mirroring Utah’s rules for landlords.
Keep rent responsibility clear. Either pay the landlord directly (and collect from your subtenant) or have the subtenant pay you. Avoid any confusion about who must deliver rent on time.
Keep Documentation and Communication
Keep copies of everything — emails, texts, consent forms, and the sublease. If ownership or management changes, send a copy of your approved sublease to the new party.
Quick Utah Subletting Checklist
Review your lease for subletting or assignment clauses.
Request written landlord consent.
Draft a clear sublease agreement mirroring lease rules.
Clarify rent flow and security-deposit responsibilities.
Keep written proof of all communications.
Follow Utah Code § 57-22-5 and related obligations.
Related Utah Code
- Utah Code § 57-22-5 — Tenant obligations under the Utah Fit Premises Act
- Utah Code § 57-22-2 — Definitions of landlord-tenant relationships
Utah Subletting Videos & Social Posts
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Thinking About Subletting Your Place?
Always start with your lease and get landlord consent in writing before moving forward. A few careful steps can keep your rental record clean and your finances safe.
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