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Overview
Utah does not have standalone mold-specific legislation. However, the state provides tenant protections through the Utah Fit Premises Act (Utah Code Title 57, Chapter 22), which establishes an implied warranty of habitability. While mold is not explicitly mentioned in the statute, landlords are required to maintain rental properties in a condition fit for human habitation, which includes addressing mold conditions that pose health or safety risks. Utah tenants have access to two specific statutory remedies when landlords fail to maintain habitable conditions: rent abatement (lease termination) and repair and deduct. [Utah Legislature - Utah Fit Premises Act]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Utah tenants have a statutory right to rental premises that are safe, sanitary, and fit for human habitation under the Utah Fit Premises Act. This includes effective waterproofing, functioning plumbing and water supply, adequate heating, proper electrical systems, and freedom from conditions that threaten health or safety. Mold conditions that affect health or safety fall under these habitability protections.
Right to Provide Notice of Deficient Conditions
Under Utah Code 57-22-6, tenants who identify habitability violations may provide the landlord with written notice describing each deficient condition. The notice must specify the corrective period: 24 hours for dangerous conditions, 3 calendar days for habitability standard violations, or 10 calendar days for rental agreement violations. The notice must also state the tenant's chosen remedy (rent abatement or repair and deduct) and grant the landlord permission to enter and make repairs.
Landlord Responsibilities
Maintain Habitable Conditions
Landlords must maintain rental units in a condition that is safe, sanitary, and fit for human habitation at all times during the tenancy. This includes maintaining common areas in sanitary and safe condition, ensuring electrical systems, plumbing, heating, and hot and cold water are in good working order, maintaining any air conditioning system in operable condition, and providing appropriate receptacles for garbage in multi-unit buildings.
Respond to Repair Requests Within Corrective Period
When a tenant provides written notice of deficient conditions, the landlord must begin substantial steps toward making repairs within the specified corrective period: 24 hours for dangerous conditions posing substantial risk, 3 calendar days for habitability standard violations, or 10 calendar days for rental agreement violations. Failure to respond within these timeframes triggers tenant remedies.
Remedies Available to Tenants
Rent Withholding
Not Available: Utah law does not authorize tenants to withhold rent directly. Instead, Utah provides specific statutory remedies through the Notice of Deficient Conditions process under Utah Code 57-22-6. Tenants must follow this formal process by providing written notice to the landlord and selecting either the rent abatement remedy (which terminates the lease) or the repair and deduct remedy. Simply withholding rent without following proper procedures can result in eviction for nonpayment. Tenants must also be current on all rent obligations before invoking remedies under the Fit Premises Act.
Repair and Deduct
Available: Under Utah Code 57-22-6, tenants may use the repair and deduct remedy after providing proper written notice to the landlord. The notice must describe the deficient condition, state the corrective period (3 days for habitability violations, 10 days for lease violations), specify that repair and deduct is the chosen remedy, and grant permission for the landlord to enter. If the landlord fails to take substantial steps within the corrective period, the tenant may have repairs made and deduct the cost from future rent. The maximum deduction is limited to two months' rent, even if repairs cost more. Tenants must maintain all receipts and provide copies to the landlord within five calendar days after the next rental period begins.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Utah
Understanding Utah's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Utah's Semi-Arid Climate
Utah has a semi-arid to arid climate with low humidity (typically 20-40%) and limited rainfall averaging 10-15 inches annually in most areas. The Wasatch Front (Salt Lake City area) receives more precipitation due to lake effect from the Great Salt Lake. Winter inversions can trap pollution and moisture in valleys. Mountain areas receive substantial snowfall.
Hidden Moisture Challenges
Despite Utah's dry climate, indoor mold issues occur from plumbing leaks, basement moisture, and improper drainage. Salt Lake City's older housing stock faces typical aging infrastructure moisture issues. Mountain communities deal with snowmelt and spring runoff that can cause water intrusion. Swamp coolers (evaporative coolers) common in Utah add substantial indoor humidity.
Evaporative Cooler Use
Many Utah homes use evaporative coolers (swamp coolers) instead of air conditioning due to the dry climate. These systems add significant moisture to indoor air, which can promote mold growth if humidity levels aren't monitored. Improperly maintained coolers can become mold sources.
Basement Construction
Utah homes commonly have basements. In areas with high water tables or poor drainage, these basements can experience moisture intrusion. Spring snowmelt and irrigation can contribute to foundation moisture problems, particularly in older neighborhoods.
Common Mold Types in Utah
Despite Utah's semi-arid climate, indoor mold problems occur from evaporative coolers, basement moisture, and winter condensation in tightly sealed buildings. The Wasatch Front receives more precipitation due to lake effect from the Great Salt Lake, increasing mold risks in the Salt Lake City metro area.
Cladosporium
Common in Utah homes with evaporative coolers and areas where condensation occurs on windows during winter.
Aspergillus
Found in homes using swamp coolers which add significant indoor humidity during summer months in Utah's dry climate.
Penicillium
Grows on water-damaged materials in basements and crawl spaces affected by spring snowmelt and high water tables.
Alternaria
Common in areas affected by mountain snowmelt and irrigation runoff, particularly in basements along the Wasatch Front.
Ulocladium
Found in chronically damp areas such as basement walls with foundation moisture intrusion common in older Salt Lake City homes.
Mold Professional Requirements in Utah
Implied Warranty of Habitability
Under the Utah Fit Premises Act (Utah Code 57-22-4), landlords have a duty to maintain rental units in a condition fit for human habitation. The landlord must not rent premises unless they are safe, sanitary, and fit for human occupancy. This includes maintaining common areas in sanitary and safe condition, maintaining electrical systems, plumbing, heating, and hot and cold water in good working order, maintaining any air conditioning system in operable condition, and providing appropriate receptacles for garbage removal in buildings with more than two units. The Utah Supreme Court formally recognized the implied warranty of habitability in Wade v. Jobe (1991), establishing that this warranty is implicit in all residential leases regardless of whether the lease specifically includes such terms. [Utah Code Section 57-22-4 - Owner's Duties]
Mold Disclosure Requirements
Local Regulations
Some cities in Utah have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Utah mold law details.
Salt Lake City, UT
Local mold risks, prevention priorities, and next steps for Salt Lake City.
West Valley City, UT
Local mold risks, prevention priorities, and next steps for West Valley City.
Provo, UT
Local mold risks, prevention priorities, and next steps for Provo.
West Jordan, UT
Local mold risks, prevention priorities, and next steps for West Jordan.
Orem, UT
Local mold risks, prevention priorities, and next steps for Orem.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Utah.
Olene Walker Housing Loan Fund
Provides housing assistance including emergency home repairs for low-income Utah residents facing habitability issues.
Eligibility: Low-income residents at or below 80% AMI
Phone: 801-245-7200Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income homeowners in rural Utah for essential repairs including mold remediation.
Eligibility: Very low-income homeowners in rural areas (below 50% AMI)
Coverage: Grants up to $10,000 for elderly homeowners; loans up to $40,000 at 1% interest
Utah Legal Services Housing Assistance
Provides free legal assistance to low-income Utah residents with housing issues including landlord-tenant disputes over mold.
Eligibility: Low-income Utah residents
Phone: 800-662-4245Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Utah have specific mold laws for rental properties?
No, Utah does not have standalone mold legislation. However, mold issues are addressed through the Utah Fit Premises Act (Utah Code 57-22). Under this law, landlords must maintain rental properties in a condition that is safe, sanitary, and fit for human habitation. Courts have interpreted habitability requirements to include addressing mold conditions that pose health or safety risks.
What is the implied warranty of habitability in Utah?
Under the Utah Fit Premises Act (Utah Code 57-22-4), landlords must maintain rental units in habitable condition. The Utah Supreme Court formally recognized this warranty in Wade v. Jobe (1991). Landlords must keep premises safe, sanitary, and fit for human occupancy, including maintaining plumbing, electrical, heating, and air conditioning systems. These protections apply regardless of what the lease says.
Can I withhold rent if my landlord refuses to fix a mold problem in Utah?
No, Utah does not allow tenants to unilaterally withhold rent. However, you can use the "rent abatement" remedy under Utah Code 57-22-6, which terminates your lease. You must provide proper written notice using the Notice of Deficient Conditions, specifying rent abatement as your chosen remedy. If the landlord fails to make substantial repairs within 3 days, you can terminate the lease and receive your security deposit and prorated rent back.
Official Resources
These official resources can help you understand your rights and take action: