By Camden
•
March 4, 2022
Charging Late Fees: Utah Property Owner's Guide Most landlords include some sort of late fee policy in their lease agreements in order to help ensure that tenants pay rent on time and in full. But each state has their own laws and regulations about late fees and how they can be utilized. This is the complete guide to late fees for real estate investors owning property in Utah. When Can Landlords Charge Late Fees in Utah? The state of Utah allows landlords to charge late fees when rent is not paid on time, according to the agreed upon terms of the lease. Is there a legal requirement for late fees in Utah? Landlords in Utah may not charge late fees that are more than 10% of the agreed upon rent amount, or greater than $75. The late fee policy must be outlined in the agreed upon lease terms in order to be legally enforceable, unless the rental agreement is month-to-month, in which case a 15-day notice of the charge is required. Does Utah law require a grace period? No, there is no grace period required in Utah. This means that landlords may choose to charge a late fee as soon as rent is past-due. However, a grace period may be outlined in the lease terms if the landlord chooses to do so. Why You Might Consider a Grace Period Grace periods allow for normal occurrences such as money being delayed in transit, tenants receiving their paycheck on the same day rent is due, due dates falling on a holiday or weekend, or rare occurrences when a tenant has to pay a day or two late. While tenants should not expect to be able to always pay within the grace period, having one in place accounts for occasional things that don’t need to be addressed with official notices or burdensome late fees. What about weekends and holidays? Utah landlords should make it clear in their lease agreement what is expected when the rent due date falls on a weekend or holiday. As a general rule, most landlords allow rent to be paid the next business day following the weekend or holiday without being considered late. We recommend this as a best practice. However, Utah landlords are not required by law to adhere to this standard. What about partial rent payments? The decision on whether or not to accept partial rent payments at all is somewhat debated in the property management industry. At Joseph Thomas, we believe there can be instances where it makes sense to accept partial payments. If you choose to accept them, a partial payment is still not a full rent payment, so the tenant can still be subject to late fee charges. If left unpaid, eviction may still be a legal consequence. Your chosen policy regarding partial payments should be outlined in the lease agreement. *Note: partial rent payments as described here are different from prorated rent payments, which are agreed upon by both landlord and tenant, and would not incur late fees. How Much Can Landlords Charge for Late Rent in Utah? As of May 2021 , Utah landlords cannot charge a late fee that is more than 10% of the agreed upon rent or greater than $75. At Joseph Thomas, our recommendation is to set late fee amounts in consideration of your local market, the type of renter and lease agreement you are after, and how willing you are to potentially go through the process of evicting a tenant that cannot pay rent in full, plus fees.